How are spousal support payments taxed?
Henry Morales
Published Apr 04, 2026
If you receive monthly spousal support, you must pay income tax on the total support you receive each year. And, you can claim a tax deduction on legal fees spent to get monthly spousal support. But, if you receive all of your spousal support at once in a lump-sum payment, you do not pay income tax on it.
Can you claim spousal support on taxes?
You can deduct spousal support payments on your income tax return, but not child support or property distributions. The IRS scrutinizes support paid in the first three years to make sure that you didn’t disguise property distribution or other post-divorce obligations, like attorneys’ fees, as deductible support.
Spousal support is considered taxable income for the spouse who receives it. It counts as a tax deduction for the spouse paying it. Child support, however, is generally not taxable or deductible.
Do you have to pay income tax on alimony?
We do not blame you, but that is exactly why this question, “Do you have to pay income tax on alimony?” gets so complicated. Depending on how current your knowledge of tax law is, you probably think of spousal support (formerly called alimony) payments as tax deductible.
How much money can you save by not paying alimony?
The payor saves more than that. The payor, who would have paid about $50,000 on $200,000 of income, now pays only about $24,000 on annual income of $120,000. Between the two, they are paying a total of $40,000, or $10,000 less, than the higher earner would have paid before deducting the alimony payments.
Is there a change in tax treatment for alimony?
In other words, there’s no change in the federal income tax treatment for people who executed their divorce agreements before 2019. Alimony is still considered taxable income for the recipient, and it’s tax deductible for the payer. However, for these payments to qualify as deductible alimony, payers must still meet certain requirements.
What did the tax cuts and Jobs Act do for alimony?
The Tax Cuts and Jobs Act (TCJA) is the most significant tax reform in the United States since in decades, and the changes significantly altered spousal support (alimony) taxes for both spouses.