Solved: Mortgage and Insurance as alimony?
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Mortgage and Insurance as alimony?

After divorce, per the decree, house title was transferred to ex's name only.  Mortgage is in my name only.  I pay 100% of mortgage and insurance also per the decree as spousal maintenance.  That seems to qualify 100% as alimony for tax purposes, but looking for confirmation.  Am I reading the IRS wording correctly?

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Level 7

Mortgage and Insurance as alimony?

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

    Not all payments under a divorce or separation instrument are alimony. Alimony does not include:

  • Child support

  • Noncash property settlements

  • Payments that are your spouse's part of community property income

  • Payments to keep up the payer's property, or

  • Use of the payer's property

    https://www.irs.gov/taxtopics/tc452.html

Your choice of words in your question would seem to fit the above definition.

View solution in original post

1 Reply
Level 7

Mortgage and Insurance as alimony?

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

    Not all payments under a divorce or separation instrument are alimony. Alimony does not include:

  • Child support

  • Noncash property settlements

  • Payments that are your spouse's part of community property income

  • Payments to keep up the payer's property, or

  • Use of the payer's property

    https://www.irs.gov/taxtopics/tc452.html

Your choice of words in your question would seem to fit the above definition.

View solution in original post

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