My former spouse gets a portion of my retirement and I pay her directly, post tax. Can I issue her a 1099-R? Is there another way?
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Tax help - 1099-R
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Just found this in Turbotax:
No, you should not send a 1099-MISC. You report the alimony recipient's SSN on your tax return (line 31 of form 1040) and let her know some other way that you have done so. If your payments qualify as alimony enter your retirement as usual. Then enter the alimony by using the steps below
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Is your payment listed as "alimony" on your divorce decree? I believe how your divorce papers are worded dictate the tax treatment on each of your returns, as well as when the divorce was finalized. If not listed as alimony, you would list the entire amount of the 1099-R on your return with the amount paid to your ex as a negative amount directly below that. At least that is the way I would handle.
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It's listed as a military retirement distribution that was deemed to be invalid due to lack of jurisdiction (divorced in AZ, I'm a TX resident). I'm making an effort to honor the agreement on my own although it was not legal due to lack of a QDRO. She would have to petition the State of Texas to get an automatic distribution from DFAS. So no, its not listed as alimony, rather retirement distribution from military retirement. Being that it's post tax and not actually a retirement distribution, I believe I could list it as either "alimony" or "separate maintenance". We're gonna lawyer up, I thinks its the best idea considering the complexity of the situation.
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