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Former spouse receives "her marital share" of military retirement and state pension

Forum|Forum|3 years ago
February 3, 2023
2 replies
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The final decree incorporates the separation agreement with the statement: . Wife acknowledges her receipt of her share of Husband's VRS retirement shall be considered income to her and deductible from Husband's income. My question is how to properly do this?

Best answer by DaveF1006

According to the IRS in Topic 452, Certain alimony or separate maintenance payments are deductible by the payer spouse, and the recipient spouse must include it in income (taxable alimony or separate maintenance).

For the recipient spouse, she will report this as follows in Turbo Tax.

Federal>wages and income>less common income>
Alimony received.

For the ex-husband;

Report this as federal>deductions and credits>
Other deductions and credits>alimony paid

DaveF1006Answer

According to the IRS in Topic 452, Certain alimony or separate maintenance payments are deductible by the payer spouse, and the recipient spouse must include it in income (taxable alimony or separate maintenance).

For the recipient spouse, she will report this as follows in Turbo Tax.

Federal>wages and income>less common income>
Alimony received.

For the ex-husband;

Report this as federal>deductions and credits>
Other deductions and credits>alimony paid

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Critter-3

Usually the military retirement is split when done thru a divorce and the feds sends each person a payment of their own along with their own 1099-R ... if you have not yet set this up then do so asap.

E

Educated but confusedAuthor

Thanks but we were not married long enough, while I was in the service, for the government to make direct payment nor does my branch of service fall under DFAS for retirement pay. For the state pension portion there is no “qualified domestic relations order” so the state will not pay former spouse directly. I do pay by check monthly so there is the documentation she has received “her portion” of the retirement monies from both plans.

Carl11_2

Employee

You need to make DFAS aware of this ASAP and provide them a copy of the court order. Then, DFAS will send her share directly to her, and she will receive her own 1099-R for reporting on her own tax return.

Log into your account at mypay.dfas.mil and on the left, select "court orders". Go from there to get information on the procedures you need to perform and follow.