Who pays taxes on spousal support – the payor spouse or the payee spouse?
In Virginia, the person who receives spousal support must declare the support as income and pay the taxes on such income. The party who pays the spousal support is entitled to deduct the amount paid from their income for tax purposes. Some lump sum payments between spouses may be considered spousal support for tax purposes, while others may be considered payments required to equalize the assets of the parties’ being distributed between the parties incident to the divorce. You should consult an attorney to discuss the distinction.