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I receive a portion of my ex-husband pension through a

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divorce and he took early...
I receive a portion of my ex-husband pension through a divorce and he took early retirement (before age 62). through the divorce he was to give me a percentage of his pension. Because he is penalized for taking it early, am I also responsible to pay the additional tax on my portion?
Submitted: 2 years ago.Category: Tax
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1/27/2016
Tax Professional: Robin D., Senior Tax Advisor 4 replied 2 years ago
Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 18,384
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Hello

If your husband must make the payment directly to you as alimony (not through a qualified domestic relation order (QDRO) then you are only required to report the alimony as income which would not mean any additional tax for you. You would just report as income and pay tax on the portion of your total income that is taxable. His tax on the distribution is not attached to you also.

If you are under QDRO for the amount paid to you and you receive your own 1099R then your 1099R would show your distribution and as long as you are over 59 1/2 you would not have a 10% penalty. This is on the continuing payments because the initial distribution to you through the QDRO would not have an additional penalty.

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Tax Professional: Robin D., Senior Tax Advisor 4 replied 2 years ago

After you view my response, please post below

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Tax Professional: Robin D., Senior Tax Advisor 4 replied 2 years ago

Now that you viewed my response, please post below if you need more information, I’ll be happy to respond. Thank you!

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