As you likely already know, after the Tax Cuts and Jobs Act (TCJA), alimony will not be deductible for the payor spouse, or reportable as income to the payee spouse, for divorce decrees entered after 2018.

But what about California, do these new rules still apply?

California does not conform to the new laws, and it will still allow a deduction for spousal support payments and require a payee spouse to report the spousal support as income.

Because California will still allow payor spouses to deduct spousal support payments, divorce decrees must still meet certain requirements.

For example, the payment must be made in cash or cash equivalent; the payment must be made incident to divorce; the parties must not have designated that the payment was not spousal support; the payment must not be treated as child support; as well as other requirements.

Most divorce lawyers are not qualified to advise you on the tax matters surrounding divorce.

If you have questions about the foregoing, or any tax matters relative to your divorce, please reach out to a lawyer at our firm who is qualified to speak to you about both family law and tax law related matters.

Mendes Weed, LLP is here to help you if you have any questions.  (925) 390-3222.

 

The tips and materials provided on this page are for informational purposes only, offered as public service. No information on this website should be considered legal advice or used as a substitute for legal advice. For legal advice, you should contact an attorney directly.

SuperLawyers-RisingStars
Best of the East Bay Attorneys
avvo icon for top attorney
Walnut Creek Chanber of Commerce logo
Christina Weed - Taxation Law Specialist
lawyers of distinction badge 2020

 

Mendes Weed, LLP is located in Walnut Creek and serves clients around the Bay Area. For your convenience, we also have offices in OAKLAND and Sacramento by appointment only.

Se habla español.

Phone: 925.390.3222

Fax: 925.301.8667

 

Send us an email

Walnut Creek Main Office

1990 N. California Boulevard
Suite 1020
Walnut Creek, CA 94596

 

 (925) 390-3222

Oakland Office

66 Franklin Street
Suite 300
Oakland, CA 94607

 

(510) 822-2770