### Question
How is the "alimony or separate maintenance payment" defined?


### Answer
The term **alimony or separate maintenance payment** is defined in *26 U.S.C. § 71* as follows -

> any payment in cash if—


(A) such payment is received by (or on behalf of) a spouse under a divorce or separation instrument,


(B) the divorce or separation instrument does not designate such payment as a payment which is not includible in gross income under this section and not allowable as a deduction under section 215,


(C) in the case of an individual legally separated from his spouse under a decree of divorce or of separate maintenance, the payee spouse and the payor spouse are not members of the same household at the time such payment is made, and


(D) there is no liability to make any such payment for any period after the death of the payee spouse and there is no liability to make any payment (in cash or property) as a substitute for such payments after the death of the payee spouse

#### Citation:
  - *26 U.S.C. § 71*
  - Heading: **Subtitle A-Income Taxes > CHAPTER 1-NORMAL TAXES AND SURTAXES > Subchapter B-Computation of Taxable Income > PART II-ITEMS SPECIFICALLY INCLUDED IN GROSS INCOME**

