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djco
New Member

My 2015 divorce settlement included me receiving a portion of my ex-husband’s military retirement under the coverture formula. Do I report this as income on my return?

I do NOT receive any statements, such as a 1099-R, from DFAS.
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1 Reply
DMarkM1
Employee Tax Expert

My 2015 divorce settlement included me receiving a portion of my ex-husband’s military retirement under the coverture formula. Do I report this as income on my return?

It depends.  Your ex-spouse is receiving and reporting the entire form 1099-R amount on his return.  He may however, be reporting alimony payments to you for the amount of the 1099-R distribution that is going to you per the IRS (see link below).  This would make that amount non-taxable on his return and you would report the amount as taxable on your return.  (See steps below).

 

However, if he is not reporting the alimony payments to you, and thus shifting the income to you, then the taxes are already paid and you do not need to report that on your return. 

 

  1. In the "Wages & Income" section
  2. Scroll to "Less Common Income"
  3. "Start/Revisit" the Alimony Received topic

 

Here is a link to the IRS topic on Alimony reporting for court orders prior to 2019 and after 2018.   

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