Will I Pay Taxes on Assets Received from my Spouse Post-Separation?

No. Spouses are permitted to transfer property, incident to divorce, without recognizing and reporting a loss or gain. Regardless of what this transfer is called (gift, sale, exchange, etc.) the rule will protect the spouses from incurring a tax penalty by transferring property.

Generally a provision will be included in the legal document discussing the transfer, stating that any transfer will in fact be tax-free. However, even if transfers occur with no legal document in place, there is often a presumption that the transfer was “incident to divorce” and therefore is free of tax consequences.


Rosen attorneys are available for consultations by both phone and video conference – call 919-787-6668 for more information.Learn More
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