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Level 1
June 1, 2019
Solved

Does spousal maintenance require us to file separately?

  • June 1, 2019
  • 1 reply
  • 8 views

My wife and I have filed for divorce and the provisional order includes maintenance/alimony during the final month of the tax year.

Since we're not divorced, I presume we can still file jointly.  However, if we file jointly, does the maintenance show up as both a deduction (for me) and income (for her)?  Or does it not get listed? 

Is there a reason (for either party) to file separately because of the maintenance payments?

Best answer by DoninGA

If you are still legally married on 12/31/2016 and file a joint tax return the spousal maintenance/alimony is not reported on your joint tax return.  See IRS Tax Topic - https://www.irs.gov/taxtopics/tc452.html

1 reply

DoninGA
Level 15
DoninGALevel 15Answer
Level 15
June 1, 2019

If you are still legally married on 12/31/2016 and file a joint tax return the spousal maintenance/alimony is not reported on your joint tax return.  See IRS Tax Topic - https://www.irs.gov/taxtopics/tc452.html