Exspouse and military retirement pay

Forum|Forum|6 years ago
June 3, 2019
6 replies
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I receive a portion of my ex husband's military retirement and he has never given me a 1099 -R. What do I do? He deducts it as alimony and it is not. My alimony stopped several years ago.

TurboTax Deluxe Online

ToddL

Employee

Your share of your ex-husband's military retirement is considered alimony, deductible by him and reportable by you.

If DFAS pays you directly and sends you a Form 1099-R, you report that amount on your tax return (in Retirement Plans > Pension Plans (1099-R).

If he pays you directly, report it under Alimony Received interview, under Less Common Income.

In 2008, the Tax Court recently ruled that a taxpayer’s payments to an ex-spouse under the Uniform Services Former Spouse Protection Act (USFSPA) representing her share of his military retirement pay were deductible alimony payments. - See more at: http://www.journalofaccountancy.com/issues/2008/jan/pensionisalimony.html#sthash.FvXKK2gK.dpuf

chanceka

Can you confirm that this is, indeed, current information. My understanding is that this IRC was repealed.

Oliver7088

What if the divorce decree states that the pension is not to be considered alimony?

Oliver7088

The divorce decree states pension is to be considered an asset acquired during the marriage

Elizabeth580

Is The former spouse of a military veterans portion of his retirement pay considered alimony? I get 17% and it is court-ordered in the state of California

VolvoGirl

Employee

Do you get your own 1099R for it? Whether it's Alimony or considered pension it is taxable either way. You just enter the 1099R under Retirement not Alimony. My friend gets both from her ex in California. She gets part of his Military retirement and enters the 1099R plus he pays her Alimony each month.

HelicopterMekanik

I have a question that isn't related directly to taxes for a payment, but to registering with DFAS for automatic payments for the court ordered "26%". The order states exactly: "...wherein the parties have been married over 10 years during the military members credible military service, such that DFAS shall directly pay Wife her share of Husband's disposable military retired pay according to the following formula, to begin November 1, 2019.

The former spouse is awarded 26 percentage of the member's disposable military retirement pay."

I have not been able to find a solid answer on this, but I am curious. What is the time limit for me to file with DFAS since the start date was in 2019? Is it too late to file, i.e. is there a deadline? I have paid her monthly (direct payments) and am caught up to date. Any help in answering this is greatly appreciated.

DawnC

Employee

She has to initiate it and there is no time limit. In order to apply for direct payments under the USFSPA, a former spouse must submit a completed Application for Former Spouse Payments from Retired Pay (DD Form 2293), and a copy of the pertinent court order stating the former spouse’s award or awards that has been certified by the clerk of court. A photocopy of the certified order is acceptable. In order to complete the application, the former spouse may have to submit additional documentation for DFAS to determine whether all requirements, such as 10/10 or jurisdiction, were met. The application must be sent to Garnishment Law Directorate at the Defense Finance Accounting Service (DFAS). The application may be faxed to 877-622-5930 (toll-free) or sent by regular mail to:

DFAS-HGA/CL
Assistant General Counsel for Garnishment Law Directorate
P.O. Box 998002
Cleveland, OH 44199-8002.

From - How does a former spouse apply for direct payments under the USFSPA?

@HelicopterMekanik

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HelicopterMekanik

Thank you for the reply, Dawn. I guess I am used to the government having limits and expiration requirements for, well everything! So my question is, 10 years from now after I have been faithfully paying her monthly she could then file? If that occurred, are the monthly payment since 2019 that I have paid counted? I've been docked before as a Soldier for "debts", so that worries me. Will the government then take it all at once or give me "no pay dues" until the debt they have in mind is satisfied? I appreciate greatly your response to my question, Dawn. Have a great day.

aloha2you

MY SPOUSE HAS RECEIVED MILITARY RETIREMENT PAY FROM HER SEX SPOUSE AND HE PASSED AWAY IN

JULY OF THIS YEAR . I HAVE NOT RECEIVED ANY PAPERWORK FROM THE MILITARY. HOW DO I FILE

THAT PARCIAL INCOME FOR THIS YEAR ?

Vanessa A

She will need to contact the pension department where her check is coming from to get a 1099-R.

If she cannot get one that way, she will need to call the IRS at 800-829-1040. They may have received it and somehow, her copy got lost in the mail.

If you cannot get a copy of the 1099-R, you can estimate the amount she received based on your records and report it using Less Common Income.

Income
Show More next to Retirement Income
Select Yes you did receive that type of income
Then on the next screen check the box that says I need to prepare a substitute 1099-R.
This will attach form 4852

This will require you to print and mail your return, so it is best to contact the Pension department and the IRS prior to taking this step.

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Navysubmariner

Do you or do you not receive your husbands retirement? You began your message by stating that you receive part of your husband’s retirement and that he didnt supply you with a copy of his 1099. Then you said your alimony stopped years ago. So which is it? If you are receiving part of his military retirement it is considered alimony. And if you divorced prior to 2018 you have to claim it as income on your taxes and your husband gets to claim it as a deduction on his. But yes, he should provide you with a copy of it for your taxes. But don’t you also have access to your bank statements that you can add up the amount you received every month to claim it on your taxes.

(I am not a. Tax prepayer or attorney, just the wife of a military veteran whose been through a divorce so I know what the exes try to squeeze out of the veterans)

hokietrax

Retirement is not alimony. It was once considered that way, and once deductible (and easier to process). Retirement is a division of property if I recall correctly. The only trick is if you don't meet the 10/10 rule, DFAS doesn't handle the money and issue the 1099s. If no 1099s, the retiree should keep receipts of paying the spouse and subtract the amount paid, i.e., negative income. On that line of the return you can say "Military retirement pay to ex-spouse {name, SSN} per USFSPA." And of course inform the ex spouse of what they owe taxes on.