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I have a court order to pay my former spouse 1/2 of my military retirement pay. It is not alimony. Where do I list this on taxes to get credit?

 
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3 Replies
AlanT
Expert Alumni

I have a court order to pay my former spouse 1/2 of my military retirement pay. It is not alimony. Where do I list this on taxes to get credit?

Unfortunately, you cannot deduct a division of assets/property to get a credit.  

You can deduct alimony paid to a former spouse as long the divorce or separation agreement is executed by December 31, 2018.

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AlanT
Expert Alumni

I have a court order to pay my former spouse 1/2 of my military retirement pay. It is not alimony. Where do I list this on taxes to get credit?

what can I do to be more helpful?
**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"

I have a court order to pay my former spouse 1/2 of my military retirement pay. It is not alimony. Where do I list this on taxes to get credit?

If you have arranged for the Retirement administrator to send the money directly to the ex, then he/she gets her own 1099-R and you do not pay tax on that half. So, you get no deduction.

If you collect  all the  retirement and get a 1099-R for the full amount, then what you sent her is usually considered  alimony and is deductible as such.

If the divorce papers specifically say it is not to be treated as alimony, then there is no other way to "get credit"

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