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Level 4
August 30, 2021
Solved

Divorce pay-off

  • August 30, 2021
  • 11 replies
  • 23 views

Hello all, 

Thank you in advance for your great advices.

There was a divorce and the judge ordered in 2019 to pay 400k to spouse based on the business income generated. The money was paid only in 2020. I know that the tax law has changed post 2018 but is there any way that the issuer can deduct that? I know that if we are talking about lump sum property payments then those payments can still be deducted; what form should be issued to the receiver of the payments?

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Best answer by sjrcpa

No, it was not a buy out. That's exactly what she told me that she made good money while he didn't. He was not included on any of her businesses (S-Corps and Schedule Cs). He wanted a lump sum of money (400k in this case), so she can keep all her businesses and whatever else she had.


= Property Settlement

= Nondeductible.

11 replies

Just-Lisa-Now-
Intuit Community Champion
August 30, 2021
deducted as what? sounds like a property settlement, not alimony.
♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
Ghost-TaxAuthor
Level 4
August 30, 2021

It was alimony. She made very good money while he didn't make any. Initially she mentioned about a property that they had together but just now she said that the money paid were for alimony not property lump sum.

IRonMaN
Level 15
August 30, 2021

The deductible portion of a property settlement is equal to zero.

Slava Ukraini!
sjrcpa
Level 15
August 30, 2021

Get the property settlement and divorce agreements and read them. Based on what you describe this is not alimony. Even it was, alimony for  a post 2018 divorce is not deductible either.

The more I know the more I don’t know.
Ghost-TaxAuthor
Level 4
August 30, 2021

Thank you. I already asked for those divorce documents and I am waiting on them. I thought that I will be proactive and see if there was a way in deducting any of those payments made.