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JerrySJD
JerrySJD, Attorney
Category: Family Law
Satisfied Customers: 821
Experience:  Divorce, child custody, support, mediation, alimony
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My husband and I are in the midst of divorce negotiations.

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My husband and I are in the midst of divorce negotiations. Because of the lousy economy we are planning to separate our house and live separately in different parts. our attorneys said we could do whatever we want. However I just found IRC Section 71(b)(1)(c) which sounds to me like we can not do this if there are maintenance payments envolved. Please advise.

JerrySJD :

Section 71(b)(1)(c) deals with the deductibility of maintenance payments. It does not in any way prevent the payments from being awarded.

JerrySJD :

If he deducts the payments, then they are income to you. You actually do not want him to deduct the payments, since you will have to report them as income.

JerrySJD :

Section 71 actually helps you.

JerrySJD :

There are ways to get around section 71, but most people do not bother. They just make the payments and do not deduct them.

JerrySJD :

Hope this helps. Thank you for using JustAnswer! Please click "Accept". If you need more, please let me know!

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