CHAPTER 37Planning Alimony and Marital Settlements

The tax treatment of alimony in 2022 for both the payer (the spouse making payments) and the payee (the spouse receiving payments) depends on when the divorce decree or separation agreement was finalized. Payments under decrees and agreements finalized before 2019 that meet the tax law tests for alimony are deductible if you pay them, and taxable if you receive them. Payments are not deductible by the payer unless taxable to the recipient. Payments under decrees and agreements finalized after 2018 are not deductible or taxable.

If alimony is deductible, you deduct the payments on Schedule 1 (Form 1040 or 1040‐SR) even if you claim the standard deduction rather than itemizing deductions. You must enter the date of the original divorce or separation agreement and the Social Security number of your ex‐spouse. Otherwise, your deduction may be disallowed and you may have to pay a $50 penalty. If you pay deductible alimony to more than one ex‐spouse, enter the Social Security number of one of them and provide similar information for the others on a separate statement attached to your return. ...

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