The Recent Tax Cuts And Jobs Act (TCJA) and Alimony

by Laurie A. Saltzgiver, Esquire

Alimony and the Recent Tax Cuts And Jobs Act

The recent Tax Cuts and Jobs Act (TCJA) has made changes to the tax treatment of alimony that will become effective for Divorce Decrees and agreements entered after 2018. Currently, the alimony payor can deduct their alimony payments from their taxable income and the recipient spouse must include their alimony payments as income for purposes of income tax. Under the TCJA, and effective for all Divorce Decrees and agreements entered after 2018, alimony will no longer be a taxable event. These changes in the taxability of alimony will only apply to Divorce Decrees and agreements entered after 2018.

If you have an agreement or order for alimony which is currently in effect, the new tax code will not effect the taxability of your alimony payments, unless the parties agree to legally modify their agreement to provide that the TCJA rules are to apply.

If you have questions regarding the TCJA and it’s effect on your Alimony Order or your case, please contact us. We would be happy to
discuss this with you.

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