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joelbobbi
New Member

If my retirement check deducts $350 a month to my ex wife, is this deductable?

 
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2 Replies

If my retirement check deducts $350 a month to my ex wife, is this deductable?

That may be somewhat complicated. Do you have a QDRO (qualified domestic relations order)?  Who is the payer of the retirement income?  When you receive your 1099R statement, does it reflect the gross amount, or the net amount after the payment to your ex?  Is the payment required by a divorce decree that was signed prior to December 31, 2018?

JohnB5677
Employee Tax Expert

If my retirement check deducts $350 a month to my ex wife, is this deductable?

Perhaps. When you get divorced your ex-partner may be entitled to a portion of your retirement. 

 

  • For a divorce decree that was signed up until December 31, 2018. payments would be deductible by you as alimony, and taxable to your Ex. Even if you write a check.
  • For divorce decrees signed January 1, 2019 or after, it is not deductible to the payor, and also not taxed to the recipient.  The amount on your 1099-R will be taxable to you.
  • However, if it was paid under a  QDRO - Qualified Domestic Relations Order, the plan will make payments directly to the ex-spouse, and they will get a separate 1099-R.

 

IRS Retirement Topics - Divorce

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