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Lou
Lou, Tax Preparer
Category: Tax
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Experience:  25+ yrs Experience Personal Income Taxes - Former DM for H&R Block in California
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I live in Mississippi. My husband and I have been permanently

Resolved Question:

I live in Mississippi. My husband and I have been permanently separated for one year. Last year,(2008) my husband paid $20,000 for monthly alimony. He is also listing all of the expenses he had to pay for me including mortgage, insurances on house and car, tax on house, tag on house, medical insurance, dental insurance, medical and dental bills, home repairs, car repairs, etc. These expenses totaled $20,000 also. So for the year 2008, he is claiming alimony that he paid to total $40,000. Will I have to pay federal and state taxes on the alimony and alimony expenses for $40,000??   Thank you for taking my question.
Submitted: 7 years ago.
Category: Tax
Expert:  Lou replied 7 years ago.

Hello and thank you for contacting JustAnswer. We appreciate the opportunity to be of service to you.

 

I am not an attorney but alimony is a function of a divorce or separation agreement. That agreement should spell out what payments made to a former spouse are to be considered alimony.

 

Here is a link to IRS Publication 504 that deals with Divorced or Separated Individuals

 

http://www.irs.gov/pub/irs-pdf/p504.pdf

 

Beginning on page 11 you will see what is considered to be alimony and what is not.

 

Just because your former spouse claimed payments to you as alimony does not make it so.

 

Review your separation decree to see if the items he has characterized as "alimony" fall under the items in the decree.

 

You only need to claim payments made to you defined as alimony in your separation agreement not what someone else deems is alimony.

 

You may have to see your attorney for clarification.

 

If I can be of further assistance with this issue, please contact me.

 

Positive feedback is greatly appreciated.

Good Luck.

 

 

 

 

 

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