I have a question about deducting payments to my spouse. I am still married to my spouse but we lived apart all year. Are the monthly payments I made to my spouse tax deductible?
Deducting payments to your spouse that are not considered alimony under a divorce decree or separate maintenance degree is not allowed by the IRS. You can only deduct payments to your spouse that are considered alimony under a divorce or separate maintenance decree.
Alimony doesn’t include:
- Voluntary payments not made under a divorce or separate maintenance decree
- Payments made under a divorce decree for child support
- Property settlements
- Payments for the payor’s property
A payment usually qualifies as alimony if:
- You make the payments in cash.
- Your spouse (or someone on your spouse’s behalf) receives the payments under a divorce or separation decree.
- The decree doesn’t expressly exclude the payment from being included in your spouse’s income or deducted by you.
- You and your spouse, if divorced or legally separated, aren’t members of the same household when the payment is made.
- The instrument states that liability for payments must cease upon the death of either spouse.
Do you own property in Arizona? Read here on how and when to pay Arizona property taxes, with help from the tax pros at H&R Block.
How can you file for a business cell phone deduction? Learn more from the tax experts at H&R Block.
Are Veterans benefits taxable? Our H&R Tax Professionals address your veteran's related tax questions in honor of our soldiers this Veteran's Day.
Can you deduct your state sales tax? Learn more from the tax experts at H&R Block.