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The Daily Insight

Are divorce settlements deductible?

Author

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.