Jacksonville, FL asked in Tax Law for South Carolina

Q: If I claimed alimony on my tax return does she have to report alimony as income?

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2 Lawyer Answers
Andrew M Steiger
Andrew M Steiger
  • Tax Law Lawyer
  • St. Clair Shores, MI

A: The alimony rules changed for 2019. Generally, alimony is not deductible by the payor not includible in income for the recipient for the 2019 tax year. The prior rule required the recipient to include alimony in income.

D. Mathew Blackburn agrees with this answer

1 user found this answer helpful

A: If the decree was issued prior to 12.31.2018 and there was no provision for the alimony being non-taxable it is deductible by the Payor and income to the Payee. I'm ignoring accelerated alimony wherein the alimony is front loaded and trails off after three years, that's a separate issue.

If the decree was issued on 01.01.2019 or later you'll need to amend your return and remove the deduction. Alimony is not deductible to the Payor and is not income to the Payee. This rule reverts to the pre-2019 method in 2025 with the expiration of the Tax Cuts and Jobs Act.

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