In most cases, the spouse paying alimony has a lower tax bill. Even better, alimony is an above-the-line deduction, which means it does not have to be itemized to get the tax advantage. Still, there are no tax breaks for lingerers. If spouses continue to share a residence after the divorce, any alimony payments made during that time cannot be deducted. What's more, the payments have to be pursuant to a written separation or divorce agreement, and cannot be considered child support. So couples who are facing extended divorce proceedings due to finances, custody battles, or state laws that require extended periods of separation, may still have trouble qualifying for the deduction.