Attorney's Fees to Obtain Alimony Deductible
Saturday/January19/08
Are there really alimony deductions for women that
are denied to men?
Over at mensnewsdaily.com is a post
from a letter that says women may deduct
attorney's fees incurred in attempting to obtain
alimony, but this is unfair because men can't
deduct their attorney's fees in attempting to
resist alimony. The post cites to IRS Publication 504
("Divorced or Separated Individuals").
Sure enough, on page 20, in a section called "Costs of Getting a Divorce," Publication 504 says:
The letter says this isn't fair: "The legal fees are deductible to her, but your legal fees are not deductible to you. Even if the legal fees were just to defend yourself from having to pay more alimony."
But what if the guy was trying to get alimony from the woman? Then his fees would be deductible. I'll grant you that a man paying alimony to a woman is not nearly as common as the other way around, but there you have it: It's isn't unfair.
What is unfair is that anyone ought to be able to deduct attorney's fees to collect alimony. Why should someone get a tax break for that?
Sure enough, on page 20, in a section called "Costs of Getting a Divorce," Publication 504 says:
Fees for getting alimony. Because you must include alimony you receive in your gross income, you can deduct fees you pay to get or collect alimony.Example. You pay your attorney a fee for handling your divorce and an additional fee that is for services in getting and collecting alimony. You can deduct the fee for getting and collecting alimony, subject to the 2% limit, if it is separately stated on your attorney’s bill.
The letter says this isn't fair: "The legal fees are deductible to her, but your legal fees are not deductible to you. Even if the legal fees were just to defend yourself from having to pay more alimony."
But what if the guy was trying to get alimony from the woman? Then his fees would be deductible. I'll grant you that a man paying alimony to a woman is not nearly as common as the other way around, but there you have it: It's isn't unfair.
What is unfair is that anyone ought to be able to deduct attorney's fees to collect alimony. Why should someone get a tax break for that?
