I am separated since 1st Jan 2011. The first months we moved back and forth between an investment property and our matrimonial home. Since June 2011 my ex is moving into the matrimonal home every other tuesday for one week (to be with the kids). We are living in completly separate rooms and hardly see each other. He is paying me since the separation spousal support. Is this amount taxable, even if we still kind of live under the same address?
spousal support taxable or not?
- Thread starter cleopatra
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motherbear4
New member
As far as I understand it, spousal support is taxable to you regardless. Our boys stayed in the matrimonial home while OP and I switched in and out on a weekly basis. We were never there at the same time. So different situation, but, as mentioned, any spousal support received must be declared as income by you.
standing on the sidelines
New member
is there a court order for him to pay the SS?
Tayken
Well-known member
Unless there is a written agreement or court order it is hard to say if it is taxable (the spousal support). Child support is paid "after tax" but, SS is taxable income. The paying party of the spousal support can write it off on taxes and the person getting the SS has to pay taxes on the money they get.
Good Luck!
Tayken
arabian
New member
Canada Revenue Agency has good information regarding SS taxation. I found it interesting that I could claim any money I spent with lawyer on "defending" my spousal support. You can't claim legal bills for your actual divorce - just any legal bills that you have after the divorce. Typically you get your lawyer to do up a detailed statement for you. I was audited and it was no big deal - had all the documentation. I do wonder if a person can claim other expenses (accounting) and where they (CRA) draw the line on supporting the spousal support order. I don't know what applies to child support orders.
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