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New Member

Complications with spouse

I have a complicated situation. I live in Texas (community property state), married but separated for two years and in the process of divorce. The husband won’t send me w2 info to file MFS so I am filing HH. The question is, where do I (or do I??) report the money he sends each month while the divorce is pending? It is not court ordered and is voluntary on his part. Do I count this as income? Gift income? Or not at all?
2 Replies
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Level 6

Complications with spouse

     The money that your husband sends is not reported on either your tax return or his tax return.  It is neither income nor a deduction.

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Level 9

Complications with spouse

Since it is voluntary, it is a gift to you. Gifts are not taxable to the recipient so you don't have to enter it anywhere on your tax return.