by Casey » Sun Jul 31, 2011 11:54 am
A payment to a spouse under divorce agreement is alimony if you do not file a joint return with you ex and:
•The payment is in cash.
•The agreement does not label the COBRA payment as "not alimony".
•You don't live in the same house when the payments are made.
•You're not ordered to continue payments after you ex dies
•The payment is not for child support.
If you have all the above, you might claim the COBRA payment as alimony. Consult with your tax preparer. Read IRS Publication 504 (2010)