Skip to main content
Level 4
January 30, 2022
Solved

Does portion of military retirement given to spouse per divorce settlement count as alimony?

  • January 30, 2022
  • 4 replies
  • 60 views

Hi,

 

My ex wife gets a percentage of my military retirement.  She receives it directly from the Defense Finance and Accounting Service.  My 1099-R only shows the amount I get.

 

Should I be counting this as alimony payments, or no, since she is receiving the money directly from the govt?

 

thanks

    Best answer by DoninGA

    No.  You do not count the funds she receives from your retirement account as alimony.  Your retirement income has already been reduced for the payment.  All you need to do is report on your tax return the Form 1099-R that you received.

     

    To enter, edit or delete a form 1099-R -

    • Click on Federal Taxes (Personal using Home and Business)
    • Click on Wages and Income (Personal Income using Home and Business)
    • Click on I'll choose what I work on (if shown)
    • Scroll down to Retirement Plans and Social Security
    • On IRA, 401(k), Pension Plan Withdrawals (1099-R), click the start or update button

    Or enter 1099-r in the Search box located in the upper right of the program screen. Click on Jump to 1099-R

    4 replies

    DoninGA
    Level 15
    DoninGALevel 15Answer
    Level 15
    January 30, 2022

    No.  You do not count the funds she receives from your retirement account as alimony.  Your retirement income has already been reduced for the payment.  All you need to do is report on your tax return the Form 1099-R that you received.

     

    To enter, edit or delete a form 1099-R -

    • Click on Federal Taxes (Personal using Home and Business)
    • Click on Wages and Income (Personal Income using Home and Business)
    • Click on I'll choose what I work on (if shown)
    • Scroll down to Retirement Plans and Social Security
    • On IRA, 401(k), Pension Plan Withdrawals (1099-R), click the start or update button

    Or enter 1099-r in the Search box located in the upper right of the program screen. Click on Jump to 1099-R

    bhuetherAuthor
    Level 4
    January 30, 2022

    Great, thanks!

    Level 13
    March 25, 2023

    Yes, if an ex-spouse receives a portion of the military retirement, they will receive their own Form 1099-R to input into their return. 

    And yes, if you did work in another state that requires you to file an individual state income tax, you will file a Non-Resident return for that income.  

    First, please check My Info in the Federal return and be sure the box is checked for Made money in another state
    Next, check this TurboTax Help file for the state where you worked and see if you will be required to file a Non-Resident state return. Some states do not have state income tax and some have limits for how much income before it is required. 

     

    1. If you are required to file for the second state, add the Non-Resident state and complete it first
    2. Include allocation of income for what part of your federal income was sourced to that state
    3. Next, add the Resident State second and allocate that income as well. 

      It will ask if you paid tax to another state and you will say Yes, and how much you paid in taxes to the Non-Resident state. This way your Resident state can give you credit and not tax you a second time for the same income.