Pub. 504, Divorced or Separated Individuals |
2004 Tax Year |
Index
This is archived information that pertains only to the 2004 Tax Year. If you are looking for information for the current tax year, go to the Tax Prep Help Area.
A
- Address, change of, Reminders
- Adopted children:
-
- Authorized placement agency, Authorized placement agency.
- Citizen or resident test, Special rule for your adopted child.
- Head of household requirements, Requirements.
- Member of household or relationship test, Child.
- Aliens (see Nonresident aliens)
- Alimony, Alimony, Proceeds not alimony.
-
- Payments not included as, Payments not alimony.
- Alimony:
-
- Annuity proceeds as, Alimony Trusts, Annuities, and Endowment Contracts
- Child support, difference from, Child support., Child support., Child support.
- Community Income, Alimony (Community Income)
- Deductions:
-
- Alimony paid, Deducting alimony paid.
- Fees paid for getting, Fees for getting alimony.
- Recapture amount, Deducting the recapture.
- Definition of, Alimony
- Divorce decree defined, Divorce or separation instrument.
- Endowment contract proceeds as, Alimony Trusts, Annuities, and Endowment Contracts
- Fees paid for getting, Fees for getting alimony.
- Former spouse, defined for purposes of, Spouse or former spouse.
- Instruments executed after 1984, Instruments Executed After 1984
- Instruments executed before 1985, Exception for instruments executed before 1985., Instruments Executed Before 1985
- Jointly-owned home:
-
- Expenses for, as alimony (Table 2),
- Payments for, Payments for jointly-owned home.
- Separate residences in, Spouses cannot be members of the same household.
- Life insurance premiums, Life insurance premiums.
- Marital or family relationship, Marital or family relationship.
- Mortgage payments as, Payments for jointly-owned home.
- No exemption for spouse, Alimony paid.
- Payments after death of recipient spouse, Liability for payments after death of recipient spouse.
- Payments designated as not alimony, Payments designated as not alimony.
- Payments for jointly-owned home, Payments for jointly-owned home.
- Payments must be in cash, Payments must be in cash.
- Payments of fixed sum, Payments of a fixed sum.
- Payments subject to contingencies, Payments subject to contingencies.
- Payments to third party, Payments to a third party., Payments to a third party.
- Property settlement, Property settlement.
- Recapture rule, Recapture of Alimony
- Recapture rule:
-
- Determination of (Worksheet A), How to figure and report the recapture.
- How to figure and report, How to figure and report the recapture.
- When to apply, When to apply the recapture rule.
- Reporting alimony received, Reporting alimony received.
- Requirements for post-1984 instruments, Instruments Executed After 1984
- Requirements for pre-1985 instruments, Alimony Requirements
- Separation agreement defined, Divorce or separation instrument.
- Social security number of recipient required for deduction, Alimony
- Spouse, defined for purposes of, Spouse or former spouse.
- Spouses cannot be members of the same household, Spouses cannot be members of the same household.
- Substitute payments, Substitute payments.
- Trust proceeds as, Alimony Trusts, Annuities, and Endowment Contracts
- Underpayment of, Underpayment.
- Withholding, nonresident aliens, Withholding on nonresident aliens.
- Annual exclusion, gift tax, Annual exclusion.
- Annuity proceeds as alimony, Alimony Trusts, Annuities, and Endowment Contracts
- Annulment decrees:
-
- Absolute decree, Ending the Community
- Amended return required, Considered unmarried.
- Considered unmarried, Considered unmarried.
- Archer MSA, Medical savings account (MSA).
- Assistance (see Tax help)
- Authorized placement agencies, Authorized placement agency.
C
- Change of address, Reminders
- Change of name, Reminders
- Change of withholding, Reminders
- Child support, Child support.
- Child support:
-
- Alimony, difference from, Child support., Child support.
- Back child support, Back child support.
- Clearly associated with contingency, Clearly associated with a contingency.
- Contingency relating to child, Contingency relating to your child.
- Payment specifically designated as, Specifically designated as child support.
- Children
-
- Adopted (see Adopted children)
- Dependency tests (see Dependency tests)
- Children:
-
- Benefits paid to, under QDRO, Benefits paid to a child or dependent.
- Foster children, Requirements.
- Photographs of missing children, Reminders
- Citizen or resident test:
-
- For adopted child, Special rule for your adopted child.
- For dependents, 2. Citizen or Resident Test
- Comments on publication, Comments and suggestions.
- Community income, Community Income
- Community income:
-
- Alimony, difference from, Alimony (Community Income)
- Ending the marital community, Ending the Community
- Relief from separate return liability, Relief from separate return liability for community income., Requesting relief.
- Spousal agreements, Spousal agreements.
- Spouses living apart all year, Spouses Living Apart All Year
- Spouses living apart all year:
-
- Earned income, Earned income.
- Other income, Other income.
- Partnership income or loss, Partnership income or loss.
- Separate property income, Separate property income.
- Social security benefits, Social security benefits.
- Trade or business income, Trade or business income.
- Community property, Community Property, Alimony (Community Income)
-
- (see also Community income)
- Community property:
-
- Ending the marital community, Ending the Community
- Injured spouse, Injured spouse.
- Laws disregarded, Community property laws disregarded.
- States, Community property states.
- Considered married, Considered married.
- Considered unmarried, Considered unmarried., Considered unmarried.
- Costs of getting divorce, Costs of Getting a Divorce
- Costs of getting divorce:
-
- Fees for tax advice, Fees for tax advice.
- Nondeductible expenses, Nondeductible expenses.
- Custodial parent:
-
- Support test, Custodial parent.
- Custody, determination of, Custody.
D
- Death of recipient spouse., Alimony Requirements
- Debts of spouse:
-
- Refund applied to, Tax refund applied to spouse's debts.
- Deductions:
-
- Alimony paid, Deducting alimony paid.
- Alimony recapture, Deducting the recapture.
- Limits on IRAs, IRA contribution and deduction limits.
- Marital, Marital deduction.
- Dependency tests, Dependency Tests, Exemptions
- Dependency tests:
-
- Citizen or resident test, 2. Citizen or Resident Test
- Gross income test, 4. Gross Income Test
- Joint return test, 3. Joint Return Test
- Member of household or relationship test, 1. Member of Household or Relationship Test
- Student, gross income test, Student.
- Support test, 5. Support Test
- Support test:
-
- Capital items, Capital items.
- Child of divorced or separated parents, Support Test for Child of Divorced or Separated Parents, Dependency Tests
- Child support, Child support.
- Custodial parent, Custodial parent.
- Items not included, Items not to include in support.
- Joint ownership of home, Joint ownership of home.
- Medical expenses, Medical Expenses
- Noncustodial parent, Noncustodial parent.
- Support provided by others, Support provided by others.
- Written declaration of custody, Written declaration.
- Dependents:
-
- Benefits paid to, under QDRO, Benefits paid to a child or dependent.
- Custodial parent, Custodial parent.
- Exemption for, Exemptions for Dependents, Dependency Tests
- Noncustodial parent, Noncustodial parent.
- Social security numbers, Reminders
- Divorce decrees:
-
- Absolute decree, Ending the Community
- Amended, Amended instrument.
- Considered unmarried, Considered unmarried.
- Costs of getting, Costs of Getting a Divorce
- Defined for purposes of alimony, Divorce or separation instrument.
- Invalid, Invalid decree.
- Support test:
-
- Post-1984, Divorce decree or separation agreement made after 1984.
- Pre-1985, Divorce decree or separation agreement made before 1985.
- Domestic relations orders (see Qualified domestic relations orders (QDROs))
- Domicile, Community Income
E
- Earned income, Earned income.
- Endowment contract proceeds as alimony, Alimony Trusts, Annuities, and Endowment Contracts
- Equitable relief (see Relief from joint liability)
- Estimated tax, Tax Withholding and Estimated Tax
- Estimated tax:
-
- Joint payments, Joint estimated tax payments.
- Exemptions, Exemptions, Phaseout of Exemptions
- Exemptions:
-
- Dependents, Exemptions for Dependents, Dependency Tests
- Personal, Personal Exemptions
- Phaseout of, Phaseout of Exemptions
- Spouse, Exemption for Your Spouse
F
- Fees for tax advice, Fees for tax advice.
- Figures (see Tables and figures)
- Filing status, Filing Status, More information.
- Form 1040:
-
- Deducting alimony paid, Deducting alimony paid.
- Reporting alimony received, Reporting alimony received.
- Form 1040X:
-
- Annulment, decree of, Considered unmarried.
- Form 8332:
-
- Written declaration of custody, Written declaration.
- Form 8379:
-
- Injured spouse, Injured spouse.
- Form 8857:
-
- Innocent spouse relief, Relief from joint liability.
- Form W-4:
-
- Withholding, Tax Withholding and Estimated Tax
- Form W-7:
-
- Individual taxpayer identification number (ITIN), Reminders
- Former spouse:
-
- Defined for purposes of alimony, Spouse or former spouse.
- Foster children:
-
- Head of household requirements, Requirements.
- Member of household or relationship test, Child.
- Free tax services, How To Get Tax Help
- Full-time student defined, Student.
H
- Head of household, Head of Household
- Head of household:
-
- Considered unmarried, Considered unmarried.
- Father or mother, Father or mother.
- Keeping up a home, Keeping up a home.
- Married children, Requirements.
- Nonresident alien spouse, Nonresident alien spouse.
- Other relatives, Requirements.
- Requirements, Requirements.
- Unmarried children, Requirements.
- Health savings accounts (HSAs), Health savings account (HSA).
- Help (see Tax help)
- Home owned jointly:
-
- Alimony payments for, Payments for jointly-owned home.
- Expenses for, as alimony (Table 2),
- Sale of, Sale of home.
- Support test for dependency, Joint ownership of home.
- HSAs (Health savings accounts), Health savings account (HSA).
I
- Identification number, Reminders
- Income:, Community Income
-
- (see also Community income)
- Alimony received, Reporting alimony received.
- Individual retirement arrangements (IRAs), Individual Retirement Arrangements, IRA contribution and deduction limits.
- Individual taxpayer identification numbers (ITINs), Reminders
- Injured spouse, Injured spouse.
- Injured spouse:
-
- Claim for refund, Injured spouse.
- Claim for refund:
-
- Statute of limitations, Injured spouse.
- Community property, Injured spouse.
- Innocent spouse relief, Relief from joint liability.
- Insurance premiums, Life insurance premiums.
- Invalid decree, Invalid decree.
- IRAs (Individual retirement arrangements), Individual Retirement Arrangements, IRA contribution and deduction limits.
- Itemized deductions on separate returns, Itemized deductions.
- ITINs (Individual taxpayer identification numbers), Reminders
J
- Joint liability:
-
- Relief from, Reminders, Relief from joint liability.
- Joint return test for dependents, 3. Joint Return Test
- Joint returns, Joint Return
- Joint returns:
-
- Change from separate return, Joint return after separate returns.
- Change to separate return, Separate returns after joint return.
- Divorced taxpayers, Divorced taxpayers.
- Exemption for spouse, Joint return.
- Joint and individual liability, Joint and individual liability.
- Relief from joint liability, Relief from joint liability.
- Signing, Signing a joint return.
- Jointly-owned home:
-
- Alimony payments for, Payments for jointly-owned home.
- Expenses for, as alimony (Table 2),
- Sale of, Sale of Jointly-Owned Property, Sale of home.
- Support test for dependency, Joint ownership of home.
M
- Marital community, ending, Ending the Community
- Marital status, Marital status.
- Medical and dental expenses:
-
- Child of divorced or separated parents, Medical Expenses
- Medical savings accounts (MSAs), Medical savings account (MSA).
- Member of household or relationship test for dependents, 1. Member of Household or Relationship Test
- Member of household or relationship test for dependents:
-
- Children, Child.
- Member of household defined, Member of household.
- Missing children, photographs of, Reminders
- More information (see Tax help)
- Mortgage payments as alimony, Payments for jointly-owned home.
- MSAs (Medical savings accounts), Medical savings account (MSA).
- Multiple support agreements, Multiple Support Agreement
- Multiple support agreements:
-
- Exemption, who can claim (Figure 2), Multiple Support Agreement
P
- Personal exemptions, Personal Exemptions
- Phaseout of exemptions, Phaseout of Exemptions
- Property settlements, Property Settlements, Sale of home.
- Property settlements:
-
- Annual exclusion, Annual exclusion.
- Basis of property received, Basis of property received.
- Gift tax, Gift Tax on Property Settlements
- Gift tax:
-
- Return, Gift Tax Return
- Incident to divorce, defined, Incident to divorce.
- Marital deduction, Marital deduction.
- Property received
-
- Section 1041 election, Basis of property received.
- Property received before July 19, 1984, Property received before July 19, 1984.
- Property transferred pursuant to divorce (Table 3),
- Related to end of marriage, defined, Related to the ending of marriage.
- Reporting income from, Reporting income from property.
- Section 1041 election, Basis of property received.
- Tax treatment of property received, Tax treatment of property received.
- Publications (see Tax help)
R
- Recapture of alimony, Recapture of Alimony
- Recapture of alimony:
-
- Deducting, Deducting the recapture.
- Determination of (Worksheet A), How to figure and report the recapture.
- How to figure and report, How to figure and report the recapture.
- When to apply, When to apply the recapture rule.
- Refunds:
-
- Injured spouse, community property, Injured spouse.
- Spouse's debts, applied to, Tax refund applied to spouse's debts.
- Related persons, Related.
- Relief from joint liability, Reminders, Relief from joint liability.
- Relief from separate return liability
-
- Community income, Relief from separate return liability for community income.
- Reminders:
-
- Individual taxpayer identification number (ITIN), Reminders
- Joint liability, relief from, Reminders
- Social security numbers for dependents, Reminders
- Reporting requirements:
-
- Alimony recapture, How to figure and report the recapture.
- Alimony received, Reporting alimony received.
- Resident test for dependents, 2. Citizen or Resident Test
- Returns
-
- Joint (see Joint returns)
- Separate (see Separate returns)
- Returns:
-
- Amended return required, Considered unmarried.
- Rollovers, Rollovers.
S
- Sales of jointly-owned property, Sale of Jointly-Owned Property
- School defined, Student.
- Section 1041 election, Basis of property received.
- Separate maintenance decrees, Considered unmarried., Divorce or separation instrument., Ending the Community
- Separate returns, Separate Returns
- Separate returns:
-
- Change to or from joint return, Joint return after separate returns.
- Community or separate income, Community or separate income.
- Exemption for spouse, Separate return.
- Itemized deductions, Itemized deductions.
- Relief from liability, Relief from separate return liability for community income.
- Separate liability, Separate liability.
- Tax consequences, Separate returns may give you a higher tax.
- Separation agreements, Ending the Community
- Separation agreements:
-
- Defined for purposes of alimony, Divorce or separation instrument.
- Support test:
-
- Post-1984, Divorce decree or separation agreement made after 1984.
- Pre-1985, Divorce decree or separation agreement made before 1985.
- Separation of liability (see Relief from joint liability)
- Settlement of property (see Property settlements)
- Social security benefits, Social security benefits.
- Social security numbers (SSNs):
-
- Alimony recipient's number required, Alimony
- Dependents, Reminders
- Spousal IRA, Spousal IRA.
- Spouse:
-
- Defined for purposes of alimony, Spouse or former spouse.
- Refund applied to debts, Tax refund applied to spouse's debts.
- Statute of limitations:
-
- Amended return, Considered unmarried.
- Injured spouse claim, Injured spouse.
- Students:
-
- Full-time student defined, Student.
- Gross income test, Student.
- School defined, Student.
- Suggestions for publication, Comments and suggestions.
- Support test for dependents, 5. Support Test, Dependency Tests
- Support test for dependents:
-
- Capital items, Capital items.
- Child of divorced or separated parents, Support Test for Child of Divorced or Separated Parents, Dependency Tests
- Child support, Child support.
- Custodial parent, Custodial parent.
- Items not included, Items not to include in support.
- Joint ownership of home, Joint ownership of home.
- Medical expenses, Medical Expenses
- Noncustodial parent, Noncustodial parent.
- Support provided by others, Support provided by others.
- Written declaration of custody, Written declaration.
T
- Tables and figures:
-
- Itemized deductions on separate returns (Table 1),
- Jointly-owned home, expenses for, as alimony (Table 2),
- Multiple support agreement, who can claim exemption under (Figure 2), Multiple Support Agreement
- Property transferred pursuant to divorce (Table 3),
- Support test for child of divorced or separated parents (Figure 1), Custody.
- Tax advice fees, Fees for tax advice.
- Tax help, How To Get Tax Help
- Tax withholding (see Withholding)
- Taxpayer Advocate, Contacting your Taxpayer Advocate.
- Taxpayer identification numbers, Reminders
- Third parties:
-
- Alimony payments to, Payments to a third party., Payments to a third party.
- Property settlements, transfers to, Transfers to third parties.
- Trust proceeds as alimony, Alimony Trusts, Annuities, and Endowment Contracts
- TTY/TDD information, How To Get Tax Help
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