Buy out settlement from alimony. How much money can he pay me before I have to pay taxes on it?

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I was offered a buy out on my alimony from my ex but what he proposed seems a bit low. As of right now my alimony is non modifiable until January 2017 when it ends but he is having trouble paying me now. I'm seriously thinking of this buy out but I want to know how much he can give me before I have to pay taxes on it.

Attorney Answers

6
Raymond Haselman ·
Alimony is taxable, if that is what the 'buyout' will describe it as.. Make sure any modification is approved by the Court. There is a way to determine the 'Present Value of an Annuity' to ascertain if it is a fair settlement. A HP12c calculator would work or you can use online calculators. If you are not mathematically inclined and depending on the amount of money involved, I suggest you have a professional do the calculation.
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Brinda Gandhi ·
A good family law attorney will advise you about how this buy out should be structured to avoid taxes. Good luck.
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Gary White ·
Monthly spousal support payments are taxable to you. A lump sum buyout should not be taxable to you.
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Tristan Tegroen ·
Typically spousal support is taxable to the recipient. It is possible to add language that it will not be taxable or deductible. So, the answer is that if you are negotiating a buy-out, negotiate this too. t
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Michael Yeager ·
It will likely be all included or all excluded as income. The tax code is very specific on what constitutes alimony that is included as income. The language in the agreement can make all the difference. You need an attorney familiar with the tax code to review the agreement. The biggest issue is often whether your ex plans on taking the payment as an expense on his tax return. If he takes the deduction for the payment, then it will be income to you. If not, then it is pretty simple to structure it so it is not income to you.
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