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U2. Separation before divorce

INCOME TAX

INCOME TAX

Settlement's legislation

- Settlor does not retain an interest by virtue of potential benefit to separated spouse

- Spouse/civil partner excludes situations where the individuals are separated under a court order/separation agreement, or separate in circumstances likely to be permanent (ITTOIA s.625(4)).

Legislation: 

Cases: 

HMRC manuals: 

Commentary: 

See also:

Settlement's legislation
- Settlor does not retain an interest by virtue of potential benefit to separated spouse

 © 2025 by Michael Firth, Gray's Inn Tax Chambers

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