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Alimony Deduction

If you have an obligation to make alimony payments to your former husband or wife, the IRS may allow you to take the alimony deduction on your 1040, provided you satisfy a number of tests first. However, alimony maintenance is tax deductible only if the payments are made pursuant to a court order, divorce decree or legal separation agreement.

Alimony Is Tax Deductible

You cannot voluntarily decide to make payments to a former spouse and still deduct them as alimony. Since the alimony deduction is only available to the person who pays it, the former spouse receiving alimony must report it as taxable income on their own tax return. However, there are certain types of payments you will make as a result of your divorce that you should never treat as tax deductible alimony. This includes payments that relate to the division of marital assets, a court order requiring you to continue paying the mortgage on your marital home as well as all other payments that aren’t specifically designated as alimony.

Is Child Support Tax Deductible

Although your alimony is tax deductible, the child support payments you make to a former spouse who has custody of your son or daughter is never deducted on your federal income tax return. In most cases, your divorce or separation agreement will expressly state which payments are for alimony and which are for child support. However, if the agreement is not clear, don’t assume you can take an alimony deduction for it. For example, if your divorce decree states that you are to make a certain payment to your former spouse that terminates on the happening of an event related to your child, such as their 18th birthday, then you should treat that payment as nondeductible child support. But if your agreement states that you are to make payments to your former spouse for a specific number of years, claiming a tax deduction for the payment as alimony is reasonable.

Deduction for AGI

The deduction for alimony is an adjustment to income – which means it’s a deduction for AGI — but it’s only available when you file on the 1040 form. If you choose to file on the 1040A or 1040EZ, you cannot deduct your alimony payments despite the fact that you satisfy all other requirements. Your adjustments to income are the specific deductions you can take calculate your adjusted gross income, or AGI. The benefit of deducting alimony this way is that you can take the deduction regardless of whether you itemize or claim the standard deduction.

Reference:
IRS Publication 504: Divorced or Separated Individuals