Are divorce settlements deductible?
James Williams
Published Feb 26, 2026
Unfortunately, the IRS prohibits any deduction for the cost of personal legal advice, counseling, and legal action in a divorce. If your spouse is deliberately increasing your divorce costs, your attorney can ask the judge to order your spouse to pay your legal fees.
Is a property settlement considered deductible alimony?
Alimony or separate maintenance doesn’t include: Non-cash property settlements, whether in a lump-sum or installments, Payments that are your spouse’s part of community property income, Child support is not a tax deduction for the payer and isn’t considered income for the child or the parent of the child.
Can you deduct the settlement of a divorce?
No matter what your settlement agreement / divorce decree calls it, you can deduct payments to your ex under four circumstances. You can deduct payments that: 1.) are made pursuant to a written agreement or judgment; 2.) when you are not members of the same household, provided that.
Can you deduct an alimony settlement on your taxes?
No matter what your settlement agreement / divorce decree calls it, you can deduct payments to your ex under four circumstances. You can deduct payments that: 1.) are made pursuant to a written agreement or judgment; 2.) when you are not members of the same household, provided that
Is the child support part of the divorce settlement?
When a divorcing couple has children, child support is often part of the settlement. This money is not deductible. Besides alimony, divorce usually contains a property settlement as well.
Can you deduct child support on a divorce?
No matter what your settlement agreement / divorce decree calls it, you can deduct payments to your ex under four circumstances. 3.) the payments are not child support, which is determined, in part, by a three-year payment analysis, and 4.) they cease upon your ex’s death.