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You are here: Experts > Business > Corporate Law > Tax Law (Questions About Taxes) > PAYMENT PRIOR TO DIVORCE SETTLEMENT
Expert: Glenn D Schnabel
Date: 10/5/2008
Subject: PAYMENT PRIOR TO DIVORCE SETTLEMENT
Question I was divorced 6 months ago, but the property settlement has yet to be settled. My family law attorney has had me continue to send my ex-wife the same money that she was living on prior to our divorce. This has become a significant amount of money, and I was curious if I could take this off my taxes
Answer Jeff,
Thank you for your question.
1)This has become a significant amount of money, and I was curious if I could take this off my taxes
It depends on what these payments are for. If you are the non custodial parent, the answer maybe NO. If you are paying what is construed as "separate maintenance payments" or "alimony", then that would be deductible when paid.
If you are providing support for your children as a result of the divorce, this may count as support which may allow you to take the children as dependents on your tax return. Usually divorce payers will spell out if alimony is being made and who gets to claim the children.
Check with your family lawyer on this.
Hope this is helpful.
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