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youseltorres
New Member

Spouse and I signed a sep agreement on 7/27/16. she gets 761.34 of my mil pension. Is that considered alimony that I can deduct or is that income she has too claim.

My spouse and i are not divorced yet but we both signed a separation agreement on 7/27/16.  I was wondering if we have to file separate?  I give her $1000 alimony and $761.34 from my mil pension.  Is the $761.34 considered alimony because the divorce not final or income.  I get the whole pension then give her what we agreed upon.  Divorce will be filed 1/2017 in Virginia.  Thanks for the assistance.

1 Best answer

Accepted Solutions
bwa
Alumni
Alumni

Spouse and I signed a sep agreement on 7/27/16. she gets 761.34 of my mil pension. Is that considered alimony that I can deduct or is that income she has too claim.

How she reports it depends on how it's paid.

  • If she gets a separate Form 1099-R for her share of the pension she would report it as pension income.
  • If not, she would report it as alimony.

I was wondering if we have to file separate?

If you are still legally married on the last day of the year, though separated, you can still file a joint return.  If you did, it would report the entire pension income with no deduction for alimony paid by you.  The $1,000 alimony also would not be reported as income on a joint return.


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3 Replies
bwa
Alumni
Alumni

Spouse and I signed a sep agreement on 7/27/16. she gets 761.34 of my mil pension. Is that considered alimony that I can deduct or is that income she has too claim.

How she reports it depends on how it's paid.

  • If she gets a separate Form 1099-R for her share of the pension she would report it as pension income.
  • If not, she would report it as alimony.

I was wondering if we have to file separate?

If you are still legally married on the last day of the year, though separated, you can still file a joint return.  If you did, it would report the entire pension income with no deduction for alimony paid by you.  The $1,000 alimony also would not be reported as income on a joint return.


Critter
Level 15

Spouse and I signed a sep agreement on 7/27/16. she gets 761.34 of my mil pension. Is that considered alimony that I can deduct or is that income she has too claim.

Once the divorce is final you should alert DFAS so that her portion is sent directly to her and she will be issued a 1099-R form for her taxes.
youseltorres
New Member

Spouse and I signed a sep agreement on 7/27/16. she gets 761.34 of my mil pension. Is that considered alimony that I can deduct or is that income she has too claim.

That's the plan my lawyer is going to file the divorce for me on Jan. 2, 2017 so I wouldn't have to deal with this next year.  Thanks
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