Alimony -one more time.

[HOOT]

I am getting a copy of the divorce decree today.

Question now is: This couple had a legal separation January 1, 2009-August 9th, 2009. The divorce decree was final on August 10, 2009.

The husband gave the spouse 1500 a month out of his salary before the decree was final. About $ 10,500. Would this go under recapture rules or just added to alimony payments at the end of 2009?

[BOB W]

You did not mention if they lived together or not. Re-read the Pub link on the other post where they talk about various issued including living together and recaputure rules.

[Davc]

You also need the seperation decree to determine if the payments are alimony.

[JON]

I think

you need state law for divorce/decree of separate maintenance to establish alimony. It is not easy to get it as divorce/alimony although I have attorneys that have it stated in the decree to have amounts paid in the same year prior to the the final be called alimony-if both sign and agree your obviously safe. I have also thought the regs refer to alimony in a decree of separation, but attorneys here do not seem to think it works unless you name it in the final, and include it for only the current year. Otherwise they claim you will lose it as a property distribution at best.