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lynne-garver
New Member

I paid a lump sum of $15,000 to my ex husband as part of our divorce, can I claim that as alimony?

 
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Hal_Al
Level 15

I paid a lump sum of $15,000 to my ex husband as part of our divorce, can I claim that as alimony?

You can claim that as an alimony deduction, if he is claiming it as alimony income. 

If you claim it as alimony and he doesn't, who will the IRS come after? There's no fixed rule. Both of you may have to convince the IRS you are right. 

Beware of the  IRS rules against front-loading—the advance payment of alimony that’s due later. Alimony should not be excessively high or front-loaded in the first three post-separation years. Excessive payments are subject to recapture or being taxed to the payor in the third post-separation year.

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3 Replies
Carl
Level 15

I paid a lump sum of $15,000 to my ex husband as part of our divorce, can I claim that as alimony?

Was it legally declared an alimony payment? Generally, lump sum one time payments are not, and therefore can't be deducted.
macuser_22
Level 15

I paid a lump sum of $15,000 to my ex husband as part of our divorce, can I claim that as alimony?

See IRS tax topic 452
<a rel="nofollow" target="_blank" href="https://www.irs.gov/taxtopics/tc452.html">https://www.irs.gov/taxtopics/tc452.html</a>
**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
Hal_Al
Level 15

I paid a lump sum of $15,000 to my ex husband as part of our divorce, can I claim that as alimony?

You can claim that as an alimony deduction, if he is claiming it as alimony income. 

If you claim it as alimony and he doesn't, who will the IRS come after? There's no fixed rule. Both of you may have to convince the IRS you are right. 

Beware of the  IRS rules against front-loading—the advance payment of alimony that’s due later. Alimony should not be excessively high or front-loaded in the first three post-separation years. Excessive payments are subject to recapture or being taxed to the payor in the third post-separation year.

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