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6.5 Alimony Paid (Pre-2019 Divorces)

Key Takeaways

  • Alimony is deductible by the payer (and taxable to the recipient) ONLY for divorce or separation instruments executed before January 1, 2019.

  • Post-2018 divorces: no payer deduction and no recipient income inclusion — the TCJA rule was made PERMANENT by OBBBA (2025).

  • Six requirements for alimony treatment: paid in cash, under divorce instrument, not designated as non-alimony, not in same household, no liability after recipient death, and not child support.

  • The alimony recapture rule applies if payments decrease by more than $15,000 in any of the first three years.

  • Payers must report the recipient's SSN on Schedule 1; failure to do so triggers a $50 penalty.

Last updated: October 2026

The Critical Date: January 1, 2019

Divorce DatePayerRecipient
Before 2019Deducts alimonyIncludes in income
After 2018No deductionNot taxable

2025 rule: TCJA changed the treatment of divorce instruments executed after 2018 without a scheduled 2025 sunset. A post-2018 instrument generally provides no payer deduction and no recipient inclusion.

Six Requirements for Alimony (Pre-2019 Instruments)

  1. Cash payment (not property)
  2. Under divorce/separation instrument
  3. Not designated as non-alimony
  4. Not in same household (if legally separated)
  5. No liability after recipient's death
  6. Not child support

Child Support vs. Alimony

Payments are treated as child support (not deductible) if:

  • Specifically designated as child support
  • Reduced based on a child-related contingency (turning 18, marrying, finishing school, etc.)

Alimony Recapture Rules

If payments decrease by more than $15,000 in the first three years:

  • Payer reports the recaptured amount as income in Year 3
  • Recipient deducts the recaptured amount in Year 3

Modification of Pre-2019 Agreements

Pre-2019 agreements keep the old (deductible/taxable) treatment unless a modification expressly adopts TCJA rules. This distinction continues to matter for any pre-2019 instrument still being paid out.

Reporting (Pre-2019 Alimony Only)

  • Payer: Schedule 1, Line 19a (amount) + Line 19b (recipient's SSN)
  • Failure to include the SSN: $50 penalty

EA Exam Tips

  1. Know the January 1, 2019 cutoff
  2. TCJA post-2018 alimony rules have no scheduled sunset — post-2018 divorces never get the deduction
  3. Memorize the six requirements
  4. Child-related contingencies disqualify payments as alimony
  5. $15,000 recapture threshold in the first three years
Test Your Knowledge

Tom and Lisa divorced in 2017. In 2025, how is Tom's alimony payment to Lisa treated?

A

Tom deducts; Lisa includes in income

B

No deduction; not taxable

C

Split equally between them

D

Tom deducts half

Test Your Knowledge

Which of the following would DISQUALIFY a payment from alimony treatment under a pre-2019 divorce?

A

Payment by check

B

Reduction when the child turns 18

C

Monthly payments

D

The recipient remarried

Test Your Knowledge

A couple divorces in 2025. How is alimony treated under federal tax law?

A

Payer deducts; recipient includes in income

B

No payer deduction; recipient does not include in income

C

Payer deducts only if MAGI is under $200,000

D

Treatment expires after 2025

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