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amuscara
New Member

If we renegotiated alimony in January 2024, with a new legal agreement, doI still have to claim it as income?

Our first agreement was prior to 2018, but our new legal agreement in January 2024, reduced my alimony. Do I still claim it as income?
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3 Replies

If we renegotiated alimony in January 2024, with a new legal agreement, doI still have to claim it as income?

  • For Pre-2019 Agreements:Remain deductible/taxable unless both parties explicitly agree to follow the post-2018 rules. Modifications alone do not automatically change the tax treatment—only if the new agreement explicitly states it follows post-2018 rules.
DianeW777
Expert Alumni

If we renegotiated alimony in January 2024, with a new legal agreement, doI still have to claim it as income?

No. Since your new agreement is dated 2024, then you will fall under the new tax laws. This is considered a modification.

 

Filing Taxes after Divorce: Is Alimony Taxable?

  • Alimony taxation: Today, alimony or separate maintenance payments relating to any divorce or separation agreements dated January 1, 2019, or later are not tax-deductible by the person paying the alimony. The person receiving the alimony does not have to report the alimony received as taxable income.
  • IRS Topic 452 - Alimony and Separate Maintenance
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If we renegotiated alimony in January 2024, with a new legal agreement, doI still have to claim it as income?

Read the IRS rules here:

https://www.irs.gov/newsroom/divorce-or-separation-may-have-an-effect-on-taxes

The last paragraph answers your question. 

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