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Question

Military pension distribution to ex spouse

Forum|Forum|5 years ago
March 17, 2021
1 reply
0 views

Where do you claim the military pension money received directly from an ex-spouse on Turbo Tax? The income was received directly from the service member until DFAS processed the spousal benefit.

do you claim the money received on turbo tax - under "alimony" or 1099-MISC? or somewhere else?

And where can the service member claim the deduction for the money paid on their taxes?

The service member can't deduct alimony or separate maintenance payments made under a divorce or separation agreement (1) executed after 2018, or (2) executed before 2019 but later modified if the modification expressly states the repeal of the deduction for alimony payments applies to the modification. Alimony and separate maintenance payments you receive under such an agreement are not included in your gross income.

Here is a link that discusses what is and isn't alimony. It appears those prior payments would be alimony made as part of separation agreement.

You will receive a form 1099R showing the direct payments which you will use to file your tax returns as income to you.

If the divorce agreement was executed before 2019 then the service member would deduct the payments in the "Deductions & Credits" tab.

Scroll down to "Other deductions and credits"
"Show More"
"Start/Revisit" Alimony paid

You would enter the income in the "Wages & Income" tab.

Scroll down to "Less common income"
"Show More"
"Start/Revisit" "Alimony Received"

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My now wife has received part of her ex husbands military pension

directly from the government for years and has never received a 1099R

or any other tax form.

Now that we are married and I am doing our taxes how do I handle this?

Could it be that the reason she does not receive a form is due to the nature

of the agreement that may not require her to count it as income?

Is that even possible?

Advice appreciated.

Thanks.

Employee

This reference explains how to obtain a copy of a 1099-R from DFAS:

https://www.dfas.mil/legislativeaffairs/taxstatements/#:~:text=Call%20800%2D321%2D1080.,to%20a%20customer%20service%20representative.

One of the FAQ's on this website has instructions on how to change your address (if necessary) with DFAS:

https://www.dfas.mil/retiredmilitary/faqs/#:~:text=The%20simplest%20and%20quickest%20solution,for%20a%20customer%20service%20representative.

**Answers are correct to the best of my ability but do not constitute tax or legal advice.