Where do you claim the military pension money received directly from an ex-spouse on Turbo Tax? The income was received directly from the service member until DFAS processed the spousal benefit.
do you claim the money received on turbo tax - under "alimony" or 1099-MISC? or somewhere else?
And where can the service member claim the deduction for the money paid on their taxes?
The service member can't deduct alimony or separate maintenance payments made under a divorce or separation agreement (1) executed after 2018, or (2) executed before 2019 but later modified if the modification expressly states the repeal of the deduction for alimony payments applies to the modification. Alimony and separate maintenance payments you receive under such an agreement are not included in your gross income.
Here is a link that discusses what is and isn't alimony. It appears those prior payments would be alimony made as part of separation agreement.
You will receive a form 1099R showing the direct payments which you will use to file your tax returns as income to you.
If the divorce agreement was executed before 2019 then the service member would deduct the payments in the "Deductions & Credits" tab.
You would enter the income in the "Wages & Income" tab.
My now wife has received part of her ex husbands military pension
directly from the government for years and has never received a 1099R
or any other tax form.
Now that we are married and I am doing our taxes how do I handle this?
Could it be that the reason she does not receive a form is due to the nature
of the agreement that may not require her to count it as income?
Is that even possible?
Advice appreciated.
Thanks.
@RW26 --
This reference explains how to obtain a copy of a 1099-R from DFAS:
One of the FAQ's on this website has instructions on how to change your address (if necessary) with DFAS:
@RW26 Has she been including it as income in the past? Better check with DFAS for why she hasn't been getting the 1099R. Maybe it's been going to the wrong address? Seems like the IRS would have sent a letter by now if she was suppose to report it. Has her ex been reporting the full amount on his 1099R and tax return?
If she's been paid directly from DFAS, then 1099-R's would have been issued to her.
If she downloads her 1099-R(s) from the website I cited in my previous post, she'll see the mailing address they've been using. If the address they have is wrong, you can correct it on the DFAS website.
@TomD8 Thank You.
Wish I had known this sooner.
I had her call and they required her to fax some information
before they would send a copy of her 1099R.
It was faxed today.
I hope I receive it well before the extension to file deadline.
Thank You.
I had no idea if she had been reporting it in the past.
When I asked her, she was simply shocked as it had never occurred to her.
Her ex husband did all of the tax filings.
I also have no idea about what the ex husband is currently doing.
If the IRS has sent anything concerning her share of the pension
not being reported as income, neither my wife nor I have received it.
She called today and sure enough they did have 1099R's
for the last 3 years that were sent (?) to an address of hers
over 10 years old.
She was asked to fax some information to enable them to
send 1099R's to our current address.
Now I have more questions.
1. Are taxes deducted from the amount of her payment
before she receives it?
2. Since I am filing married / jointly am I going to owe taxes
on 3 years of her awarded pension from an ex husband?
This might not be so bad if taxes were withheld prior to disbersement
but if not this can be a serious problem.
Advice Appreciated.
Thanks.
Well if any federal or state tax withholding was taken out it will be on the 1099R box 4 and 14. If the ex did her tax returns she should have a copy or ask for copies of her returns. For 2020 & 2021 the 1099R should be on 1040 line 5a and 5b. Same for 2022.
When did she get divorced? Did she have any other income? Maybe she didn't have enough income to file. Hopefully the ex didn't file her on his return as a Joint return. Sounds like you or she needs to get past copies from the ex or the IRS to see what was filed. You may need to amend the prior years.
You can request a transcript from the IRS
https://www.irs.gov/individuals/get-transcript
For a fee of $43 you can get a complete federal tax return from the IRS by completing Form 4506
https://www.irs.gov/pub/irs-pdf/f4506.pdf
@RW26 --
If you file a joint return, you will be held jointly liable for any back federal taxes your wife might owe. If you do not wish to be held liable for tax debts that she might owe, you would file for "Injured Spouse" relief. TurboTax has a help article on this:
Your wife should file a new Form W4-P with DFAS as soon as possible, so that the correct amount is withheld from her future pension payments. Here's a link to that form, with instructions:
https://www.irs.gov/pub/irs-pdf/fw4p.pdf