Ex Paying Mortgage: Is this alimony?

maria31934 · Joined: 14 Sep 2009 Posts: 7 3.06 Dollars($)

I left the home when we separated in 2007. He is living in the home since. As part of the stipulation & divorce decree finalized in 2008 we were splitting the costs of the mortgage & taxes until the house was sold and we split the proceeds.

The house still hasn't sold and we just modified the decree this year so that as of May 2009 he takes over paying the home expenses and pays the interest only option on the mortgage so that he is not building any equity in the house.

For tax year 2009, does he need to claim & I need to report 50% of the interest-only mortgage payments as alimony (for those months that he took over being responsible for the payments)?

savior70 · Posted: Fri Nov 06, 2009 5:15 am Post subject:

Hi Maria,

Your ex can claim deductions for the interest only mortgage payments on his taxes. But I don't think it can be reported as alimony. Alimony is meant for spousal support. Mortgage payments cannot be considered as alimony for tax purpose. You should talk to a tax consultant. He/she should be able to give you a clear idea about this.

maria31934 · Joined: 14 Sep 2009 Posts: 7 3.06 Dollars($)

I think I was confused about something I read in the IRA publication. I think if I were living in the house and HE was paying the mortgage then his payments could be claimed by him as alimony paid and declared by me as alimony received.

My understanding is that the interest expense deduction can be declared by a person who
1) Lives in the house as primary residence
2) Is responsible for the mortgage legally (name is on the mortgage)
3) Actually pays the interest

Thanks for your help!

jveenstra · Posted: Fri Nov 06, 2009 10:50 am Post subject: Alimony

Check with the accountant.

If there is a legal divorce decree that requires such, you may have a point. If he is just paying, I would have no idea why it would be considered simply that someone is paying the mortgage

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