Alimony

[lissar23]

My divorce papers were signed and notarized in December 2018.  I paid my first alimony payment in December 2018.  The divorce was not final (signed by a judge) until January 2019.  Can I deduct alimony?

[NCperson]

best to read this article from the IRS; you situation is right on the cusp of the tax law change that was effective Jan 1, 2019. it will come down to the definition of the word 'executed'...... I imagine this was discussed with your lawyer, etc at the time the payments were negotiated - did you ask your lawyer? 

https://www.irs.gov/forms-pubs/clarification-changes-to-deduction-for-certain-alimony-payments-effec...

[MinhT1]

As the divorce agreement was executed by December 31, 2018, your alimony payments are deductible.

Please read this TurboTax Help topic for more information.

[NCperson]

@MinhT1 - I respectively submit that the answer to the question is a legal one that can vary by state.  States may have different definitions on what constitutes 'executed'.  It is best that @lissar23 discuss with his lawyer.

Certainly given the tax implications of the lawy change, this was discussed when the payment to the ex-spouse was negotiated.  

if it turns out @lissar23 deducts the payments assuming that 'executed' was the day the parties signed but it turns out 'executed' means the day the judge signed off, there will be a BIG tax bill with interest and penalties when the deduction is denied.  

best to ask his lawyer the answer.