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poorlilme
New Member

**Tax Year 2018 or earlier** I recieved spousal support all year in 2016 but it was by agreement between attorneys and not court ordered until the judgement on Dec. 1 2016. Should I claim it all year

 
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1 Reply
Patrice
New Member

**Tax Year 2018 or earlier** I recieved spousal support all year in 2016 but it was by agreement between attorneys and not court ordered until the judgement on Dec. 1 2016. Should I claim it all year

Yes, you should claim all of it.  As long as there was a written agreement it would be considered as income even if it wasn't court ordered. 

Per the IRS, the following are Alimony (spousal support) Requirements:

Amounts paid under divorce or separate maintenance decrees or written separation agreements entered into between you and your spouse or former spouse are 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 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

Payments Not Alimony

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