Alimony & Taxes in 2025: Why It’s Not Deductible (Post-2018 Divorces)

Understanding how alimony payments affect taxes in 2025 is crucial for divorcing or divorced individuals in the USA. Since 2019, alimony has lost its deductibility, creating major tax consequences for both payers and recipients.

Introduction

Before 2019, taxpayers paying alimony could claim a deduction, while recipients had to report it as income. That changed with the Tax Cuts and Jobs Act (TCJA). For divorces finalized after December 31, 2018, alimony is not deductible by the payer and is not taxable income for the recipient. In 2025, this rule continues to apply, affecting thousands of taxpayers nationwide.

The Old Rule: Pre-2019 Divorces

For divorce or separation agreements executed before January 1, 2019:

  • The payer could deduct alimony payments on Form 1040.
  • The recipient had to report alimony as taxable income.
  • This arrangement often encouraged higher earners to agree to alimony because of the deduction benefit.

Some pre-2019 divorces are still grandfathered under these rules, unless agreements were modified after 2018 to adopt the new law.

The New Rule: Post-2018 Divorces

For divorces finalized or modified after December 31, 2018:

  • Alimony is not deductible by the payer.
  • Alimony is not taxable income for the recipient.
  • This shifts the tax burden entirely to the payer, removing prior planning opportunities.

In short: if your divorce decree is post-2018, alimony is treated as a tax-neutral transfer.

Tax Planning Considerations for 2025

  • Negotiate property settlements carefully: Since alimony is no longer deductible, property division may be a better negotiation tool.
  • Child support remains non-deductible: Just like alimony, child support is not deductible and not taxable.
  • Review old agreements: If your divorce was pre-2019, check if modifying it could affect tax treatment.
  • Factor in state taxes: Some states still allow deductions for alimony; check your state’s tax code.

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Example: Comparing Pre- and Post-2019 Divorces

Scenario Payer Recipient
Pre-2019 Divorce Deduction allowed Taxable income
Post-2018 Divorce No deduction Not taxable

Key Takeaways for U.S. Taxpayers in 2025

  • If your divorce was before 2019, check whether the old deduction still applies.
  • If your divorce was after 2018, alimony payments offer no federal tax benefit.
  • Planning ahead is crucial—consult a family law attorney and a tax professional to structure settlements wisely.

Disclaimer: This blog is for informational purposes only and does not constitute tax advice. Consult a licensed tax professional regarding alimony payments, divorce settlements, and tax implications for your situation.

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