DISCLAIMER
The information contained in this blog is for educational purposes only and is not legal advice. The use of this blog does not create an attorney/client relationship between you and the Law Offices of Wallitsch & Iacobelli. If you are considering separation or divorce, or if you are involved in any legal matter including, but not limited to present divorce proceedings, custody proceedings, or support proceedings, or any other legal matter, you should seek formal legal advice and would strongly urge you to retain an attorney.
Question: Is the alimony I am receiving taxable income?
Any monies received as a result of a Support Order and allocated as spousal support or alimony pendente lite or an Order for alimony is taxable income to the recipient spouse and a tax deduction to the payor spouse. Accordingly, if you are the recipient spouse it is imperative that you make appropriate arrangements to set aside a portion of your alimony to address any tax issues that may arise at year end.
Additionally, in concluding your divorce, it is imperative that the Agreement is drafted so as to not include alimony in the recipient spouse’s income for the purposes of a child support calculation. A failure to address this issue could result in a substantial decrease in child support payments.
Attorney Iacobelli is uniquely trained to address and counter this scenario.
Circular 230: To ensure compliance with the requirements imposed by the IRS, we inform you that any tax advice contained in our communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding any tax penalty or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
Our advice in our communication is limited to the conclusions specifically set forth herein and is based on the completeness and accuracy of the facts and assumptions as stated. Our advice may consider tax authorities that are subject to change, retroactively and/or prospectively. Such changes could affect the validity of our advice. Our advice will not be updated for subsequent changes or modification to applicable law and regulations, or to the judicial and administrative interpretation thereof.
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