Tax Filing and Spousal Support Claim

#1

Couple questions.
Filed for divorce in Mar 2016, agreed on spousal and child support in Jun 2016 and first spousal support payment started in same month. We agreed we would file ‘married jointly’ in 2015 and 2016, where 2017 we would file separately. Final settlement was in Mar 2018. Waiting for the judge to sign final papers.

  1. Can I file as ‘single’ for 2017 tax year or do I have file ‘married filed separately’?
  2. Since I’ve been paying spousal support since 2016, can i claim tax deduction on said amount even if i have to file ‘married filing separately’?
    Thanks
#2

  1. Assuming you lived separate and apart for more than half of 2017, you should qualify for single (or possibly head of household, depending on the custodial arrangement); however, you will want to confirm this with a tax professional.

  2. You can definitely claim the spousal support paid in 2017. You will want to ensure that the amount you deduct is equal to the amount she claims in order to avoid an audit.