Discussion:Maintenace and Alimony
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Discussion Forum Index --> Tax Questions --> Maintenace and Alimony
| 11 September 2006 | |
| Maintenance and Alimony are the same thing, right? I have a client who's attorney told her they were not. I have looked at a couple of IRS publications and I cannot find the word "Maintenance" mentioned anywhere in regards to divorces or alimony. But in most divorce decree's I've seen, the word "alimony" is never used. ?? | |
Death&Taxes (talk|edits) said: | 11 September 2006 |
| In many states 'Support' corresponds to the 'A' word and is used in its stead. Seems to me it is that way in Pennsylvania. | |
| 11 September 2006 | |
| Sec. 71 does distinguish between the two. Depends upon whether the legal separation is a divorce or a separate maintenance. | |
| 11 September 2006 | |
| Refer to Publication 504, pages 11-13 for information on this subject as well as Tax Almanac's IRCs, Sec. 71, line (1), subheadings (A)thru (D) & line (2), subheadings (A) thru (C)for additional info. These two really helped alot.
You need to get your hands on the separation agreement (if any) as well as the divorce decree and read it very carefully. Even if alimony is not mentioned in any document the lack of the word "alimony" can make a cash payment alimony. I'm going thru this with two clients at this moment. Have spoken to IRS technical dept. for clarification as well. | |
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