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Divorce & Marital Planning

§682 Alimony Trust — Shift Trust Income to Ex-Spouse's Bracket

Grantor trust for the benefit of an ex-spouse shifts income taxation to the lower-bracket recipient post-TCJA.

Overview

Post-TCJA (2019+), alimony is no longer deductible/includible. IRC §682 (pre-TCJA rule preserved for trusts) allows a grantor to fund an irrevocable trust for an ex-spouse and shift income taxation to the ex — useful when payor is in 37% bracket and recipient is in 22%. The 15-point rate arbitrage on $100K/yr = $15K/yr saved. Must be established as part of divorce decree.

Best fit
High-earner payors post-2018 divorceDivorces with large income disparityLong-term support obligations
Estimated impact
$10K–$50K/yr in rate arbitrage

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