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Is Spousal Support Taxable in Columbus, Ohio? Understanding the Rules

  • Writer: Hoffman Law
    Hoffman Law
  • Jul 21
  • 2 min read

If you are navigating divorce in Columbus—or anywhere in Ohio—it’s crucial to know how spousal support (also called alimony) is taxed. Federal law plays a major role, and Ohio follows suit.


Federal Rule (Applies in Ohio, Too)


Under the Tax Cuts and Jobs Act, the tax rules depend on the date your agreement was signed:


  • Agreements executed Jan 1, 2019 or later➤ Spousal support is not taxable income to the recipient and not deductible by the payer.

  • Agreements before Jan 1, 2019➤ Traditional treatment: support is taxable to the recipient and deductible by the payer. 

  • Pre-2019 orders modified after 2019, if expressly amended to adopt IRS rules, follow the new, tax-free structure.  

  • Ohio courts explicitly recognize that post-2019 spousal support follows the federal non-taxable, non-deductible structure.

  • Under Ohio Revised Code § 3105.18, “tax consequences” are a mandatory factor in awarding support, so courts consider this in settlements


Practical Implications for Columbus Couples


1. Confirm the date of your divorce or modification.


  • Post-2019 agreements: support—tax-free for recipient, non-deductible for payer.

  • Pre-2019 agreements: opposite—recipient reports, payer deducts.


2. Modify older agreements to update tax terms.


  • If you divorced before 2019, consider adding new wording:“Pursuant to the Tax Cuts and Jobs Act of 2017, the parties agree that … support payments shall not be deductible by the payer nor included in income by the recipient.”This change must be formally incorporated into your decree.


3. Factor tax treatment into negotiations.


  • Since support isn’t deductible post-2019, payers give from after-tax income, while recipients receive support tax-free. That always affects the net financial outcome.


4. Work with a Columbus attorney.

  • Ohio judges weigh “tax consequences” as a factor, and Columbus-based lawyers can help ensure your decree language is clear, protective, and tax-smart .

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