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It is possible in Texas to negotiate a premarital agreement with a specific provision to set, or even waive, alimony. All that's required is that the rest of the agreement be legal, which likely requires the assistance of a skilled attorney. A premarital (or prenuptial) agreement is valid and enforceable by the courts.
A: In most cases, property transfers in a divorce are not subject to taxes. However, if the transfer involves a sale or exchange of property or if there are any capital gains or losses, those may need to be reported on your taxes.
Report alimony received on Form 1040 or Form 1040-SR (attach Schedule 1 (Form 1040)PDF) or on Form 1040-NR, U.S. Nonresident Alien Income Tax Return (attach Schedule NEC (Form 1040-NR)PDF). You must provide your SSN or ITIN to the spouse or former spouse making the payments, otherwise you may have to pay a $50 penalty.
If you accept a lump sum alimony payment, you may face tax consequences. For example, if you receive a lump sum payment that's referred to as "alimony" in your divorce decree, you may be subject to taxes on the full amount for that year. But if the same payment is called a "settlement," you may not be taxed.
Income received as wages, salaries, commissions, rental income, royalty payments, stock options, dividends and interest, and self-employment income are taxable.