Our house was foreclosed upon in 2005. We began to live in different apartments (he often has extra marital relationships). He asked me not to get a divorce, I agreed. He continued to support me. He has asked since then that we remain together.
He now has problems with the IRS (he claimed that he paid alimony). Now he wants me to essentially back date our intention to get divorced. I will agree with 2012 because that is when he first mentioned divorce (IRS contacted him). He wants a 2005 date because the IRS has disallowed alimony, and he is now appealing.
How do I now proceed?
** Not a Lawyer **
Sounds like a good opportunity to take part of his troubles on yourself. Assuming he did NOT pay alimony as he claimed to the IRS, he is asking you to lie. Also, I’m pretty sure if he did pay alimony, you would have had to report that as income, so… you may just be transferring all his problems to yourself if you lie. I’d advise you to tell only the truth, and let him find his way out of the hole he has dug himself.
Not an Attorney
Agree 1000% with catch22. DO not lie…ever…And if you lie and claim your husband was paying alimony, then you’ll be asked why you didn’t claim this alimony as income.
Both posters are correct. If he was paying alimony and it was tax deductible to him, it would have been taxable income to you. If you tell the IRS that he was paying alimony, it will negatively impact your taxes.