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Alimony Payments Must Terminate at Death

By: Burnett, Sharon | Journal of Accountancy, November 2004 | Article details

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Alimony Payments Must Terminate at Death


Burnett, Sharon, Journal of Accountancy


IRC section 215(a) says an individual who makes alimony payments may deduct them and the recipient must include them in his or her gross income. Under IRC section 71(b)(1), payments must meet four requirements to be considered alimony:

1. They must be made pursuant to a divorce agreement.

2. The agreement must not specify different tax treatment.

3. The spouses must not be members of the same household.

4. The payor must not be liable to make additional or substitute payments after the payee spouse dies.

Richard Hawley and Jane Gilbert entered into an agreement and order of support that required Hawley to pay biweekly amounts to support …

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