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Spousal Maintenance Under the New Tax Code

Commencing January 1, 2019, there will be a major change in how family law attorneys discuss spousal maintenance. Spousal maintenance has always been a hot topic issue with divorcing couples. Often times a big part of the negotiations with spousal maintenance is how it must be treated as taxable income to the person receiving it, and deductible for the person paying it. This is all going to change.

For any divorce commencing after December 31, 2018, there will no longer be any tax consequences either way. Spousal maintenance will no longer be tax deductible for the payor, or taxable income for the recipient. It would behave much like child support in that there are no tax consequences either way.

This is going to change how practitioners negotiate the spousal maintenance claims and will likely affect the amount of maintenance paid by an obligor. If you would like to discuss the ramifications of the new spousal maintenance laws on your particular case, please contact our office to schedule a free initial consultation.


If you have questions related to a possible dissolution of marriage, child custody questions, or parenting time concerns, please do not hesitate to contact our office (952) 224-9410