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CASH PAYMENTS

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You can deduct only payments under a pre‐2019 divorce decree or separation agreement made in cash. But you don't necessarily have to make these payments directly to your spouse or former spouse. Payments made on behalf of your spouse or former spouse qualify for the deduction if required by the divorce decree or separation agreement. For example, if you are ordered to pay your former spouse's rent with a check directly to the landlord, you can treat the payment as alimony if the other conditions are met.

If you continue to own the home in which your former spouse resides (i.e., own it by yourself or jointly with your former spouse) and you pay the mortgage and other expenses, only some of these expenses qualify as deductible alimony—even if you are required to make the payments under the terms of a divorce decree or separation agreement. If you own the home, you benefit from the payment of the mortgage, real estate taxes, and other maintenance on the property and cannot deduct these payments. If you own the home jointly, only one‐half of your payments can be treated as alimony because only one‐half benefits your spouse or former spouse. (Of course, you can deduct mortgage interest and real estate taxes as itemized deductions as explained in Chapter 4.)

J.K. Lasser's 1001 Deductions and Tax Breaks 2022

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