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I live in Mississippi. I was married for 27 years before my

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I live in Mississippi. I was married for 27 years before my husband left me for another woman. My husband and I have been legally separated for one year. Last year (2008) my husband paid $20,000 for my monthly separation maintanence. He is also listing all of the expenses he had to pay for me other than the monthly separation maintanence, including mortgage, insurances on house and car, tax on house, tag on car, medical insurance, dental insurance, medical and dental insurance and bills, house 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. No where in our legal separation papers does it say the word "alimony" , only separation maintanence. Will I have to pay the federal and state taxes on the alimony expenses for $40,000 as my husband is claiming? Thank you for taking my question.
Submitted: 5 years ago.
Category: Tax
Expert:  Ed Johnson replied 5 years ago.

Dear married,

 

He is able to deduct any alimony or separate maintenance if it is identified or can be identified as such. Without knowing the full details of the language, I am not able to comment on any incidental, except to say courts have ruled that when separate maintenance, is mentioned, the ancillary costs that go along with that are included.

 

Alimony, separate maintenance,and spousal support are all interchangeable language with this regard.

 

If he deducts it, you have to claim it,. Only child support is not deductible and claimable.

 

Reference: This link provides additional information on the subject. http://www.irs.gov/taxtopics/tc452.html

 

And yes, when you claim it as income, you will have to pay tax on it.

 

Ed Johnson, Tax Preparer
Category: Tax
Satisfied Customers: 10760
Experience: GPHR Cert; U.S. Treasury Tax Advocacy Panel appointee
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Ed Johnson
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GPHR Cert; U.S. Treasury Tax Advocacy Panel appointee