Under a divorce decree executed in 2017 and never modified, Al pays Bea $2,000 a month of alimony. How are the 2025 payments treated?
Alimony paid under a divorce or separation instrument executed before 2019 remains deductible by the payer (adjustment to income) and taxable to the recipient, unless a later modification expressly adopts the new rules. For instruments executed after 2018, alimony is neither deductible nor taxable. The rule depends on the instrument's date, not the year of payment. Source: IRC 71 and 215 (pre-2019 instruments); TCJA sec. 11051; Pub. 504 (2025). Tax year: 2025 (law as of 31 Dec 2025).
Applying the post-2018 rule to every alimony payment made today.
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