Alimony and Taxes

What is the name of your state? OH

I have been estranged from my husband for a year. I live in OH and he in NJ. This is not a legal seperation nor have we filed for divorce yet. He has been sending me $ each week that he calls alimony with no note of it written on the check. We were married for 20 yrs of which I did not work.

My question is this: Can he claim his "payments" on his taxes as alimony?

[I AM ALWAYS LIABLE]

[quote]Originally posted by PJAGI
[b]What is the name of your state? OH

I have been estranged from my husband for a year. I live in OH and he in NJ. This is not a legal seperation nor have we filed for divorce yet. He has been sending me $ each week that he calls alimony with no note of it written on the check. We were married for 20 yrs of which I did not work.

My question is this: Can he claim his "payments" on his taxes as alimony?

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My response:

I'm failing to understand why this matters to you. How he pays his taxes, and under which category, or how her terms it, is between him and the IRS -- not you.

The only thing you should be concerned about is your payment of YOUR taxes in regard to the income you're receiving from him.

IAAL

I understand that, but if he claims this, I need to as well as my income. Since there is no legal sepaeration, is it legal for him to claim such taxes? And if so, I ask so I may do likewise.

[I AM ALWAYS LIABLE]

Originally posted by PJAGI
I understand that, but if he claims this, I need to as well as my income. Since there is no legal sepaeration, is it legal for him to claim such taxes? And if so, I ask so I may do likewise.

My dear young lady. You're failing to understand. It doesn't matter whether he claims the money as a deduction or not. It doesn't matter what he calls it if he does. It's none of your business whether he even files at all.

Your business is your own taxes, and whether you should declare your income from him as taxable. I would suggest to you that you do claim the amount he has given you - - regardless of what he does. As long as you have income, you need to claim it and to pay taxes upon it.

You don't need to know what, if anything, he's doing viz-a-viz the IRS. It's none of your business.

IAAL

My good man, my concern here is knowing what he does in this matter as I was not going to file this money as such, believing we had to be divorced first for alimony to be "legal". I do, however, apologize for wasting your time and only want to do what is right by the law. I feel that if he should claim such, and if I should not, I will have to at a later date. Hence, I want to keep things equal and not get into any IRS problems myself.

And you are correct, I do not care what he claims, but when it has to do with myself, then, sir, yes I do care.

Again, I am sorry for appearing to you as such an illiterate underling.

Thank you for your time in this matter.

[djohnson]

My advice (not legal ofcourse) would be to talk to your accountant or whoever does your taxes. If you are still married and this isn't legal alimony and he doesn't claim and you do it would be double taxing his earnings. I would think(again I am not an attorney) that this would be no different than a taking money from a joint checking account. You wouldn't claim that as income either. You really need to see an attorney and file for divorce anyway so ask this question at that time.