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#1
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Spousal Support (distro pro?)Curious, while waiting the 6 months that it takes for a divorce to go before the judge, I paid my x-wife monthly for the six months, then an additional sum for three more months after the divorce. Both of these amounts were ironed out between our two attorneys and no "judgement" was ever set by a judge as she dragged it out. Is any of this money paid deductable? And does it matter that it wasn't ordered by a judge, but was worked out by two attorney's? I also paid her legal fee's as well? Just curious. Thanks |
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#2
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| From the facts you give, the payments might qualify as alimony, and if they are, you can deduct them as alimony. Following are the requirements for payments to qualify as alimony: A payment to or for a spouse under a divorce or separation instrument is alimony if the spouses do not file a joint return with each other and all the following requirements are met. 1) The payment is in cash. 2) The instrument does not designate the payment as not alimony. 3) The spouses are not members of the same household at the time the payments are made. This requirement applies only if the spouses are legally separated under a decree of divorce or separate maintenance. 4) There is no liability to make any payment (in cash or property) after the death of the recipient spouse. 5) The payment is not treated as child support. Unfortunately the attorneys' fees you paid for your wife are not deductible. |
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