Can a divorce decree define alimony retroactively?

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Can a divorce decree define alimony retroactively?

I was living apart from my husband while we negotiated our divorce. I am blind and he controlled all of our assets. We finally became divorced in December and he put in the decree that he had been paying alimony since Jan. the prior year. Is that acceptable? Can he force me to pay taxes on alimony that was not divorce decreed until December simply because he said he was paying it all year. I assumed those were voluntary payments and he just listed it in the decree to offset and money he had to split with me in the divorce. No where did I agree to pay taxes on it retroactively. I have asked the IRS

Asked on April 5, 2011 under Family Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Did you consult with an attorney in this matter before this point?  If you did not then then you need to now and you need to bring all the paperwork with you on the matter.  But can I ask you: did he pay it out in December or did he not?  If he did then you have to pay taxes on it.  If it was never paid then you should not have to pay taxes on it but I would take the paperwork to an accountant as well as an attorney to review.  Lying is never acceptable if that answers your question.  You just have to make sure that you are concerned with any potential liability to you based upon the situation at hand.  Good luck to you.


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