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lwpat
lwpat, Tax Attorney
Category: Tax
Satisfied Customers: 25387
Experience:  Experenced in estate tax and business matters
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my husbands divorce decree reads that he must pay one third

Resolved Question:

my husband's divorce decree reads that he must pay one third of his retirement income to his ex-wife.   is this tax deductable
Submitted: 8 years ago.
Category: Tax
Expert:  lwpat replied 8 years ago.

No, it is not tax deductible to him but it is taxable to her. The payments will be made directly to her by the provider. She should receive paperwork from the provider, such as an IRS form 1099.

 

 

Customer: replied 8 years ago.
if this is in lieu of allimony why can't he deduct it

Customer: replied 8 years ago.
if this is in lieu of allimony why can't he deduct ithe still write she check


Customer: replied 8 years ago.
he still writes her the check , not the retirement system. is this not still spousal support? is that deductable?
Expert:  lwpat replied 8 years ago.

If he writes the check directly to her then it is the same as alimony and would be deductible to him and income to her. Normally retirement is paid by the provider.

 

 

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