Legal Question in Family Law in Florida

My alimony was up per my divorce agreement on 9/11. My ex husband said any money sent to me by him after the divorce agreement conditions are terminated is no longer a tax deduction for him and I no longer have to pay income tax on it as income. I thought as long as he continues to send me a monthly check, he can still take the tax deduction as alimony payment and I will still have to pay taxes on it as income. Who is correct him or me?


Asked on 10/02/11, 7:09 am

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

If there is no legal obligation to pay alimony, then when he sends you a check it is a gift. As such, it would not be deductible by him and would not be income to you.

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Answered on 10/02/11, 5:13 pm


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