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The IRS defines alimony as follows:
Amounts paid under divorce or separate maintenance decrees or written separation agreements entered into between you and your spouse or former spouse are considered alimony for federal tax purposes if:
You and your spouse or former spouse do not file a joint return with each other
You pay in cash (including checks or money orders)
The payment is received by (or on behalf of) your spouse or former spouse
The divorce or separate maintenance decree or written separation agreement does not say the payment is not alimony
If legally separated under a decree of divorce or separate maintenance, you and your former spouse are not members of the same household when you make the payment
You have no liability to make the payment (in cash or property) after the death of your spouse or former spouse, and
Your payment is not treated as child support or a property settlement
Payments Not Alimony
Not all payments under a divorce or separation instrument are alimony. Alimony does not include:
Child support
Noncash property settlements
Payments that are your spouse's part of community property income
Payments to keep up the payer's property, or
Use of the payer's property
If the above items are paid for in cash (or cash equivalents), per the divorce decree, you should regard them as alimony.
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