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    tjolson's Avatar
    tjolson Posts: 1, Reputation: 1
    New Member
     
    #1

    Jan 30, 2009, 07:15 PM
    I've got the legal "right to" now I need to know "HOW TO"
    From all I have read so far, I have the legal right to submit a 1099-Misc to my ex-wife for spousal maintenance, I just don't know which box to report it on, Box 3 "OTHER INCOME, or Box7 "NONEMPLOYEE COMPENSATION? Thank you to all who reply.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #2

    Jan 31, 2009, 06:36 AM

    A payment to or for a spouse under a divorce or separation instrument is alimony if the spouses do not file a joint return with each other and all the following requirements are met.
    *The payment is in cash.
    *The instrument does not designate the payment as not alimony.
    *The spouses are not members of the same household at the time the payments are made. This requirement applies only if the spouses are legally separated under a decree of divorce or separate maintenance.
    *There is no liability to make any payment (in cash or property) after the death of the recipient spouse.
    *The payment is not treated as child support.

    If you paid alimony, then you can deduct it on your tax return. I do not think that there is any requirement that you send 1099-misc to your ex. She must report this income even without any form.

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