PRIA, Government Policy, Made Personal

Summary

When a married couple signs a written agreement about their marriage and property, and they divorce during the three years that begin one year before the agreement was signed, any property moved under that agreement will be treated as if it was paid for in full. This applies to transfers to either spouse to settle marital or property claims and to payments meant to provide a reasonable allowance for supporting the couple’s children while they are minors.

Title 26, §2516

Internal Revenue Code, Source: USLM XML via OLRC

Where a husband and wife enter into a written agreement relative to their marital and property rights and divorce occurs within the 3-year period beginning on the date 1 year before such agreement is entered into (whether or not such agreement is approved by the divorce decree), any transfers of property or interests in property made pursuant to such agreement—

(1)to either spouse in settlement of his or her marital or property rights, or

(2)to provide a reasonable allowance for the support of issue of the marriage during minority,

shall be deemed to be transfers made for a full and adequate consideration in money or money’s worth.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1984—Pub. L. 98–369 substituted in introductory text “within the 3-year period beginning on the date 1 year before such agreement is entered into” for “within 2 years thereafter”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1984 Amendment Pub. L. 98–369, div. A, title IV, § 425(c)(2),

July 18, 1984, 98 Stat. 804, provided that: “The amendment made by subsection (b) [amending this section] shall apply to transfers after the date of the enactment of this Act [

July 18, 1984].”

§2516 Certain Property Settlements