Legal Question in Family Law in California
Payment of note to ex-spouse, considered alimony?
Can the payment of a note to an ex spouce (who is now remarried for 5 years) that was part of a marital settlement agreement be considered alimony? If so this would then make it tax deductable?
The note was part of the settlement and stated in the MSA but this point was not addressed. If a document were necessary form the ex acknowleding this as alimony, where coudl this form be obtained?
Thanks in advance.
1 Answer from Attorneys
re: payment of note to ex-spouse
Yes, alimony is generally deductible. Whether the payment of an equalizing note from a property division can be "considered" alimony is a more complex question. The basic answer is no, but depending on the terms of the settlement agreement or judgment and the language of the note, there may be exceptions to this rule. The IRS is not unaware of attempts to treat property division note payments as alimony for tax purposes. I suggest you have either an attorney or CPA review the relevant documents before you decide to try to deduct the payments on your return.
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