Michael Bertin, Obermayer Rebmann Maxwell & Hippel
Effective Jan. 1, 2019, Section 11051 of the Tax Cuts and Jobs Act of 2017 amended the Internal Revenue Code by repealing the alimony deduction from the payor’s gross income and the inclusion of alimony in the payee’s gross income when filing federal income tax returns. This new law applies to all new spousal support/alimony pendente lite/alimony orders entered after Jan. 1, 2019. For modifications of orders entered prior to Jan. 1, the taxability and deductibility of the spousal support/alimony pendente lite/alimony payments remains (unless otherwise agreed upon by the parties).
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