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spidey6
New Member

If my ex wife gets part of my pension, is that considered spousal support ?

 
2 Replies
KarenL2
Level 5

If my ex wife gets part of my pension, is that considered spousal support ?

Normally not.  It is likely considered to be a division of assets.  However, you would have to confirm with your attorney.  Also see the following from the IRS.

Amounts paid under divorce or separate maintenance decrees or written separation agreements entered into between you and your spouse or former spouse will be considered alimony for federal tax purposes if:

  • You and your spouse or former spouse do not file a joint return with each other
  • You pay in cash (including checks or money orders)
  • The payment is received by (or on behalf of) your spouse or former spouse
  • The divorce or separate maintenance decree or written separation agreement does not say that the payment is not alimony
  • If legally separated under a decree of divorce or separate maintenance, you and your former spouse are not members of the same household when you make the payment
  • You have no liability to make the payment (in cash or property) after the death of your spouse or former spouse, and
  • Your payment is not treated as child support or a property settlement

Here is the link with more details IRS Tax Topic 452 - Alimony Paid


carryuinmyheart
New Member

If my ex wife gets part of my pension, is that considered spousal support ?

yeehah. i/we meet every one of those conditions! now i'll need to amend my 2017 return. do i still need a lawyer?
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