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JULIECREJZER
Returning Member

Divorced in 2006. My ex chose to pay taxes on my alimony so I did not have to. It is in my divorce decree. With the tax changes, am I still okay to NOT claim alimony?

 
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5 Replies

Divorced in 2006. My ex chose to pay taxes on my alimony so I did not have to. It is in my divorce decree. With the tax changes, am I still okay to NOT claim alimony?

Not sure why your ex agreed to such an arrangement but if he is not deducting it you don't have to report it even though you are supposed to do so. 

Divorced in 2006. My ex chose to pay taxes on my alimony so I did not have to. It is in my divorce decree. With the tax changes, am I still okay to NOT claim alimony?

The new tax treatment of alimony does not apply to divorces prior to 2019 so you have to pay tax on that alimony amount. If he wants to reimburse you for the amount of  tax you pay attributable to the alimony that is a separate matter from your tax return. 

JULIECREJZER
Returning Member

Divorced in 2006. My ex chose to pay taxes on my alimony so I did not have to. It is in my divorce decree. With the tax changes, am I still okay to NOT claim alimony?

I'm aware of the new alimony rules. My ex has always paid taxes on my alimony (since 2006) and my attorney and divorce decree states I don't have to claim it since he's paying taxes. 

Divorced in 2006. My ex chose to pay taxes on my alimony so I did not have to. It is in my divorce decree. With the tax changes, am I still okay to NOT claim alimony?

Ok ... let us see if we understand you ... your agreement is this : A) your ex doesn't deduct the alimony he pays you on his return and in turn B)  you do not report the alimony as taxable on your return.  So  he pays the taxes on the "alimony he did not deduct"  on his return and you do not.   If this is the situation/agreement you have with the ex and it still works for both of you then continue as you always have ... live long and prosper. 

BarbaraW22
Expert Alumni

Divorced in 2006. My ex chose to pay taxes on my alimony so I did not have to. It is in my divorce decree. With the tax changes, am I still okay to NOT claim alimony?

Yes, based on the information you provided, you are not required to claim your alimony payments as income on your tax return. According to IRS Publication 504, if your divorce agreement includes a provision that states payments are not deductible as alimony by your spouse and are excludable from your income, then the payments are not considered alimony for income tax purposes. This must be a written statement signed by both parties. Please click the following link for more information: IRS Publication 504

 

Divorce or separation agreements executed or changed after 2018 are not deductible by the payer and not included in the income of the recipient.

 

@JULIECREJZER

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