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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
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Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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If my husband and I are legally separated, but not divorced,

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If my husband and I are legally separated, but not divorced, are we still legally each other's spouse? As such, can we give each other gifts to any value we like, without incurring any gift duty liabilities?

christhelawyer :

Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear

christhelawyer :

Gift duty was abolished 2 years ago so you can freely gift without payment of any duty. The only problem may be if you are older people and the gifting is affected by the residential care subsidy issues. In that case gifting can affect the payment and liability for the subsidy.

christhelawyer :

If you are separated you are still a spouse until the marriage is dissolved. but this doesnt affect gifting


Hi - Thanks for your answer which is great news. The reaosn I mentioned our marital status is because I believed that spouses could gift anything they liked to each other wihtout fear of tax or duty, even when gift duty did apply. Anyway, your answer makes that distinction rather irrelevant now. Can you clarify for me just a little bit futher please - does this mean that my husband and I can give each other gifts of any value we like (including shares in property), without incurring any liability for tax or duty of any kind.?

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