Ask the taxgirl: Spousal Maintenance

March 2, 2010 · 0 comments

Taxpayer asks:

Can you tell me is alimony and maintence the same thing and do I have to claim this money on both my federal tax and NYS tax?

Taxgirl says:

If it’s court-ordered spousal maintenance, then yes, that’s likely alimony and you have to report that as income on your federal taxes. For more on alimony, check out this prior post which explains the details of qualifying alimony. Those details, including the nature of payments, are important.

The rules for deducting alimony payments can be found here.

Unfortunately, I’m not sure about NY state laws – I’d check with their Department of Taxes/Revenue for verification (though most states appear to follow the feds).

Like any good lawyer, I need to add a disclaimer: Unfortunately, it is impossible to give comprehensive tax advice over the internet, no matter how well researched or written. Before relying on any information given on this site, contact a tax professional to discuss your particular situation.

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