Changing from property settlement to alimony after the

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No retroactive tax consequences, just for current support payments.
Vernon L. Ellicott, Esq.
Certified Family Law Specialist
California State Bar Board of Legal Specialization
A Bankruptcy and Family Law Firm
Law Offices of Vernon L. Ellicott
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A bad day on the bike is better than a good day on the golf course!

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Mark:

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Is H paying spousal support now? He would have to be paying a LOT and have a long life expectancy to justify a $300,000 spousal support buyout, which is how it would have to be characterized. In doing so, however, W then receives $300,000 in taxable income when received, while the property settlement is not taxable. There may be some recapture issues under IRC 71(f) as well. Advising her to make such a deal could lead to a malpractice suit.
Vernon L. Ellicott, Esq.
Certified Family Law Specialist
California State Bar Board of Legal Specialization
A Bankruptcy and Family Law Firm
Law Offices of Vernon L. Ellicott
325 E. Hillcrest Drive, Suite 150
Thousand Oaks, CA 91360-7799
(805) 446-6262 Phone
(661) 222-2922 Phone
(805) 446-6264 Fax
This e-mail transmission and any documents, files, or previous e-mail messages attached to it, may contain confidential information from the LAW OFFICES OF VERNON L. ELLICOTT that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you received this transmission in error, please immediately notify us by reply e-mail, or by telephone at (805) 446-6262, and destroy the original transmission and its attachments and all copies of any kind, without reading them or saving them in any way. Thank you.
A bad day on the bike is better than a good day on the golf course!

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