26 USC § 2516 - Certain property settlements

---
identifier: "/us/usc/t26/s2516"
source: "usc"
legal_status: "official_prima_facie"
title: "26 USC § 2516 - Certain property settlements"
title_number: 26
title_name: "INTERNAL REVENUE CODE"
section_number: "2516"
section_name: "Certain property settlements"
chapter_number: 12
chapter_name: "GIFT TAX"
subchapter_number: "B"
subchapter_name: "Transfers"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Aug. 16, 1954, ch. 736, 68A Stat. 409; Pub. L. 98–369, div. A, title IV, § 425(b), July 18, 1984, 98 Stat. 804.)"
---


# § 2516. Certain property settlements

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.

---

**Source Credit**: (Aug. 16, 1954, ch. 736, 68A Stat. 409; Pub. L. 98–369, div. A, title IV, § 425(b), July 18, 1984, 98 Stat. 804.)

## Editorial Notes

### Amendments

1984— 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

> “The amendment made by subsection (b) [amending this section] shall apply to transfers after the date of the enactment of this Act [
> 
> ].”

, , , provided that: