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If alimony was deemed non-taxable, what does that mean?

what does non taxable mean

Sanford, FL | March 7, 2011 2:50pm

During my divorce, the attorney deemed alimony I received under the temporary order as non-taxable to me and alimony after the divorce was settled as taxable. I went to a tax prep place (H&R Block) and the preparer said that it doesn't matter what was in the order that the Judge signed, that the IRS will still require me to pay taxes on both parts. Is this correct and if not, is there somewhere I can find the info to show them?

Posted March 7, 2011 4:00pm

Only amounts paid under divorce or separate maintenance decrees or written separation agreements entered into between you and your spouse or former spouse will be considered alimony for Federal tax purposes. So the alimony received under a temporary order may not be taxable. You can find out by asking

your attorney to provide you with the basis for his decision, quoting the rule. Get it in writing. Look at the language of the temporary order.

Let me know what you find out at

Disclaimer of California Attorney. Laws differ form state to state. Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract.

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Tax Relief Lawyer. Former financial auditor and controller. Admitted to US Tax Court, Income Tax, IRS representation, Fiduciary income tax returns, Estate and Gift tax returns, Homeowner Association Strategist.

Category: Taxes

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