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Ask The Taxgirl: Spousal Maintenance

Kelly Phillips ErbMarch 2, 2010May 19, 2020

Taxpayer asks:

Can you tell me is alimony and maintenance 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).

Before you go: be sure to read my disclaimer. Remember, I’m a lawyer and we love disclaimers.
If you have a question, here’s how to Ask The Taxgirl.

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Kelly Phillips Erb
Kelly Phillips Erb is a tax attorney, tax writer, and podcaster.
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