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  1. #1
    Join Date
    Apr 2009
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    1

    Default Military Retirement Pay in Divorce

    My friend, who was retired from the military in 2000, was divorced 4 years ago. His ex was awarded half of his military pension. When he gets his 1099-R, it shows he received 100% of the distribution, and he pays the taxes as if he received that income. She actually receives half of it (thay have an amicable agreement and he lets her withdraw her half form a joint account , kept open solely for that purpose. She withdraws half the total amount before taxes. Shouldn't she claim her half as income and pay taxes on it, and shouldn't he be able to deduct the amount he actually does not receive? Although it isn't actually alimony, we have been told by several sources that you put it in the alimony line on the 1040 as a deduction. It doesn't seem he should pay taxes on something he does not receive. Thanks in advance!

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Military Retirement Pay in Divorce

    If he's come up with an informal mechanism for giving her the money, rather than having an order filed with the administrator ordering the money divided, then he's engineered a process whereby all of the money goes to him and he is thus regarded as owing taxes on all of that money. If it's characterized in the divorce judgment as spousal support, he should be able to take a deduction; if not and you say it's not, I suggest that he consult a family lawyer about possible ways to unravel this.

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