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New Member
posted Jan 20, 2024 1:49:25 PM

Did I read there is no income tax for spousal support my ex pays support is it true I do have to claim as income but still must claim my social security income?

Do I have to claim support as income? It’s spousal support I’m 67 and I’m being told I don’t need to count spousal support as income anymore is this true?

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2 Replies
Level 15
Jan 20, 2024 1:54:32 PM

Was your divorce or separation agreement finalized by the court after December 31, 2018?

Expert Alumni
Jan 20, 2024 2:07:08 PM

It depends. Alimony that is received pursuant to a divorce agreement entered into before the law changed is taxable. And, not all states (California is an example) conform to the Federal law change. 

 

The taxation of alimony on federal tax returns recently changed because of the Tax Cuts and Jobs Act of 2017 (TCJA). Today, alimony or separate maintenance payments relating to any divorce or separation agreements dated January 1, 2019 or later are not tax-deductible by the person paying the alimony, and the person receiving the alimony does not have to report the alimony received as taxable income.

 

Before the changes in the Tax Cuts and Jobs Act, alimony payments were tax-deductible by the person making the payment. The person receiving the alimony had to claim it as income on their federal tax return.

 

See this TurboTax article for more information regarding alimony.