Is Spousal Support a Tax Deduction?

Is Spousal Support a Tax Deduction?

| Feb 28, 2011 | Family Support, Spousal Support

Spousal supports are generally deductable from the payer spouse’s taxes and charged as income to the payee.  To be eligible for a tax deduction, the spousal support payment must be:

1.       The payments must be made in an actual cash payment which includes checks, money orders or other cash equivalent transfers.  Services or transfers of property do not qualify; and

2.       The payment must be made pursuant to a divorce or separation judgment which includes temporary support or family support orders, or pursuant to a written separation agreement.

3.       The parties do not file a joint income tax return.

As a general rule, child support payments are not tax deductible.  Temporary support orders or pendente lite orders which provide for “family support” are deductible if made pursuant to a limited judgment or temporary order issued by the Court.

If you would like more information about deducting Spousal Support from your taxes call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a Free Spousal Support consultation.