Legal Question in Tax Law in Massachusetts

My current husband is divorced and pays 25% of his pension to his ex-wife, based on the divorce decree. In the past, he has not deducted this amount from his income, but has paid his ex-wife the 'after-tax' amount based on his tax rate. If he pays her the full pre-tax amount due to her from his pension, can he deduct that from his income when filing taxes? There is no QUADRO in place.


Asked on 3/11/10, 6:29 pm

1 Answer from Attorneys

JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Generally, the IRS divides tax issues with respect to divorce decrees into the following 3 classes;

1) Child Support;

2) Alimony;

3) Property Division;

Child support is treated as tax neutral, meaning it is neither deductible by the payor or includible in income by the recipient. Alimony is deductible by the payor & includible in income by the recipient, as long as certain requirements are met (paid & incurred in cash, pursuant to a lawful divorce agreement, not expressly designated as something other than alimony, parties are not members of same household & no liability to make payments after death of payee). Property Divisions are tax neutral and are non modifiable. The answer to your question is very fact specific. Please feel free to contact my office for a free initial consult based upon the facts of your specific situation.;))

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Answered on 3/18/10, 9:02 am


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