Confusion still reigns with respect to the tax treatment of spousal maintenance for Illinois divorce cases. I still see other law firms discussing online spousal maintenance (support) using the old rules.

In Illinois, spousal maintenance (also known in other states as alimony) is generally not tax-deductible for the payor nor taxable income for the recipient. This change came into effect due to the Tax Cuts and Jobs Act (TCJA) of 2017, which significantly altered the tax treatment of spousal support (maintenance)  nationwide.

Under the TCJA, for divorce or separation agreements executed after December 31, 2018, maintenance payments are no longer deductible by the person paying the maintenance and are not considered taxable income for the person receiving it. This change applies to federal taxes and, in most states including Illinois, state taxes follow federal guidelines on this matter.

Michael Roe

Michael Roe is one of the few lawyers nationwide with experience in high conflict divorce and custody cases involving psychological disorders. His experience has been detailed in the Chicago Tribune, New York Post, and on television and radio. He has been a…

Michael Roe is one of the few lawyers nationwide with experience in high conflict divorce and custody cases involving psychological disorders. His experience has been detailed in the Chicago Tribune, New York Post, and on television and radio. He has been a founder of a personality disorders nonprofit, and a director of a national single parent’s organization. Michael Roe has a unique, informed, and sensitive approach to complex issues raised in contested Family Law cases.