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zachlogston
New Member

What documents qualify to prove seperate maintenance was paid? My ex and I separated in Sept '18 and we didn't put anything in formal writing. Would I still be able to claim it if I provided a letter

From my chain of command stating the Marine Corps Order that required me to pay it, when I started paying it, and how much along with my bank statements that show I paid?
2 Replies
ReginaM
Expert Alumni

What documents qualify to prove seperate maintenance was paid? My ex and I separated in Sept '18 and we didn't put anything in formal writing. Would I still be able to claim it if I provided a letter

Yes, if you have a letter from the Marine Corp ordering you to pay separate maintenance for your former spouse, you may claim this as alimony payments, provided that the following rules are met:

  • 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.

For more information see Publication 504.

 

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Carl
Level 15

What documents qualify to prove seperate maintenance was paid? My ex and I separated in Sept '18 and we didn't put anything in formal writing. Would I still be able to claim it if I provided a letter

What documents qualify to prove seperate maintenance was paid?

This is a legal question, not a tax question. Even the response from a "tax expert" should be taken as "advice" at best, and nothing else. I would highly suggest you contact your base legal office or the legal authority dealing with your situation for a definitive answer to your question.

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