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April 6, 2025
Question

claim military retirement pay for former spouse?

  • April 6, 2025
  • 1 reply
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Ex husband has been paying me a certain amount of his army retirement pay every month that was granted in the divorce settlement. We are trying to get a qualified domestic relation order but so far, he just deposits the money in my bank account. We are now divorced and I'm filing as single. Do I have to claim that on my taxes as income?

1 reply

April 6, 2025

No.  Since the military income is in his name, he is responsible for the payment of the taxes and must report them on his tax return UNLESS there are specific provisions in your divorce settlement.  In general, the domestic attorney should have specification in the separation agreement.