CALIFORNIA FAMILY LAW
...Income Tax Matters
......Spousal Support
.........Deductibility
............Nondeductible Payments
9 Cards On This Topic:
  • Spousal support may be designated partially or totally nontaxable to recipient and nondeductible to payor.
  • Spousal support payments may not be made in a form other than cash.
  • Since an order to pay attorney fees survives the death of the payee, the payments do not qualify as deductible alimony.
  • Payment of ex-W’s share of income taxes not deductible support.
  • Rental value of family residence occupied by supported spouse not deductible to outspouse.
  • Improvements made by H to house he owns and to which W has exclusive use not deductible as alimony.
  • Payments by H for mortgage, capital improvements, gardening, pest control, or repair expenses in connection with a house which former wife lives in but does not own is not alimony.
  • If alimony payments could reduce upon a contingency related to a child, that amount is not deductible.
  • Cases where support was found to be nondeductible.