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D15
New Member

**Tax year 2016** In 2016 I had a temporary divorce settle agreement to pay support. Was not legally separated or divorced. We lived in the same household when the payment were made.

 

In 2016 I had a temporary divorce settle agreement to pay support. Was not legally separated or divorced. We lived in the same household when the payment were made.

 

Does support payments still qualify as alimony even if the parties reside in the same household and can I claim on my taxes?  Divorce was finalized in 2/2017.

 

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NancyG
New Member

**Tax year 2016** In 2016 I had a temporary divorce settle agreement to pay support. Was not legally separated or divorced. We lived in the same household when the payment were made.

Yes, it appears you can.

From IRS Publication 504, page 16, "If you aren’t legally separated under a decree of divorce or separate maintenance, a payment under a written separation agreement, support decree, or other court order may qualify as alimony even if you are members of the same household when the payment is made."

For Additional Information:

IRS Publication 504   Divorced or Separated Individuals

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1 Reply
NancyG
New Member

**Tax year 2016** In 2016 I had a temporary divorce settle agreement to pay support. Was not legally separated or divorced. We lived in the same household when the payment were made.

Yes, it appears you can.

From IRS Publication 504, page 16, "If you aren’t legally separated under a decree of divorce or separate maintenance, a payment under a written separation agreement, support decree, or other court order may qualify as alimony even if you are members of the same household when the payment is made."

For Additional Information:

IRS Publication 504   Divorced or Separated Individuals

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