This is similar to reimbursement alimony as financial support is awarded for a specific period of time so that the receiving spouse can learn a skill or get the education necessary to increase earning potential and become more employable.
Usually alimony is paid on a monthly basis but it can be paid in one lump sum. Just how long you have to pay is based on how the court sets up the alimony. It can be negotiated between you and your ex-spouse or the court can determine the length of time.
But usually alimony is paid until the receiving spouse gets remarried or if one of the spouses pass away. A judge will also take into consideration how long you were married to determine the amount of time you will have to pay alimony. The longer you were married, the longer the alimony will usually need to be paid. There are different sets of criteria for each state to be sure to consult with a family law attorney to learn what the rules are in your state.
For example, if you were just married a short period of time, alimony will have a limited time limit — if it is given at all. In some state, if you are married longer than ten years, you will be paying alimony indefinitely, unless the the court modifies the alimony. This can be done for the following reasons:. Neither the U. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided.
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Do I need a lawyer? The documents should also clearly label the payments as deductible by the payor spouse and taxable to the recipient spouse. Don't characterize payments as child support or a part of a property settlement. Child support payments , unlike alimony, are never tax-deductible. So be sure that alimony payments are not tied in any way to support of your children. For example, if you agree that alimony will end when your child becomes an adult, you run the risk that the IRS will reclassify past alimony as nondeductible child support.
The IRS would disallow your past alimony deductions, and you would owe back taxes. Similarly, if the IRS views your payment as part of your division of marital property , it's not tax-deductible. Specify that payments end at the recipient's death.
The marital settlement agreement or judgment must provide that alimony payments terminate when the recipient dies. The document can also ensure that the alimony obligation ends when the payor dies.
Most payors also have the right to terminate alimony if the recipient remarries. Live apart. If you are still living with your spouse or former spouse, alimony payments are not tax-deductible.
You must make payments after physical separation for them to qualify as tax-deductible. Don't file a joint tax return. If you and your spouse file a joint income tax return , you can't deduct alimony payments. Don't pay extra upfront. Make sure to follow IRS rules against front-loading—the advance payment of alimony that's due later. Alimony should not be excessively high or front-loaded in the first three post-separation years. Excessive payments are subject to recapture or being taxed to the payor in the third post-separation year.
Claiming the Deduction You can deduct the amount of alimony payments even if you don't itemize deductions on your income tax return. Find a Lawyer Start here to find family and divorce lawyers near you. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you.
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