How is spousal support taxed?

Look for legal fees you can deduct from taxes

You receive spousal support

If you hired a lawyer to help you get monthly , or to get an increase in the amount of monthly spousal support, some or all of your legal fees may be tax deductible.

This does not usually apply if you receive all of your spousal support in a one-time, lump-sum payment.

Here are some examples of things that a lawyer charges you for that you might be able to claim as a tax deduction:

  • getting a spousal support order
  • figuring out how much spousal support you might get
  • figuring out how long you might get spousal support
  • collecting late spousal support payments
  • enforcing a spousal support order
  • getting an increase in the amount of spousal support

You have to show how much of your lawyer's bill was for work on your spousal support claim. Ask your lawyer for a letter to the Canada Revenue Agency that clearly shows how much you spent on spousal support, as well as , if any.

You cannot claim a tax deduction for legal fees for work on:

  • separation or
  • , which used to be called
  • , which used to be called

If you're claiming a deduction for legal fees, you may need help from a tax professional.

You pay spousal support

The legal fees you spent defending a claim for spousal support or defending a request to increase spousal support are not tax deductible.

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