Fundamentals of Spousal Support Taxation

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As a Sacramento Divorce Lawyer, I deal with spousal support and its consequences in many cases. One issue related to spousal support in almost every California Divorce: the tax implications for spousal support payments. In most cases, the higher-earning spouse is required to pay the lower earner a certain amount, although there are exceptions to this. However, the tax rules are not the same for all types of support – some types are reportable as income while others are not. That said, the rules for each kind of support are relatively simple to learn. This article explores the factors that determine how spousal support is classified and subsequently taxed.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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