Marital Adjustment and 401K

[joelb727]

Married, not filing jointly. For the marital adjustment, can I include my non-filing spouse's voluntary 401K contributions as well as her 401K loan payments?

Thank you.

[justbroke]

Married, not filing jointly. For the marital adjustment, can I include my non-filing spouse's voluntary 401K contributions as well as her 401K loan payments?

That sounds like a very good question, and a question of law. On the Means Test, you enter just a "marital adjustment" number and a basis. They may not even question the number.

Now, I don't know what to put on Line 17 for the reason you're excluding that income, but something like "Withholdings from Pay" is definitely one category. You would certainly put the federal, state and local tax withholdings in there. You would also put other withholdings for unemployment SSA, etc, etc. You would also put any medical insurance in there. The question for me is, do you include the other "loan" repayment and contributions in there as well.

If the Trustee questions the loan repayment and contribution -- if they ever dissect that entry at all, then you just rebut with the fact that the line is used to report spousal income which does not contribute to the household expenses.