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New Member
posted Feb 22, 2025 12:18:38 PM

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
Level 15
Feb 22, 2025 12:24:40 PM

  • 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.

Expert Alumni
Feb 22, 2025 12:27:16 PM

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

Level 15
Feb 22, 2025 1:37:13 PM

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.