Outline · [ Standard ] · Linear+ ordered to pay spouse's attorney's fees = support?

[guyinmarin]

Can fees paid by court order to spouse's attorney be considered support for tax purposes, and if so, under what circumstances?

Thanks.

[Jim Reape]

Generally fees paid in a divorce are not deductable expenses. Fees paid to the opposing counsel are not deductable unless an agreement is reached and the order is drafted in such a way for the payment to be construed as alimony.

[DrumsRLRL]

Guyinmarin:

Paying Ex's attorney fees - isn't that great! Plus its all after tax money. Sory, I have just been through this so many times (child custody related) it would be funny if .. well never mind.

My tax attorney has looked at this issue a few times, in short they are not deductable. You can under certain conditions deduct certain attorney fees. I recall it was very "iffy" and would likely not prevail during an audit.

Now, I just pay them - I realize it is part of the game.

-Mark