The federal gift tax does not normally apply to property transfers between spouses or former spouses, because these transfers usually qualify for an exception from the gift tax. These exceptions include:
Transfers made in settlement of marital support rights, to the extent the value of the property transferred is not more than the value of the rights.
Transfers that qualify for the marital deduction. Transfers made to a spouse before receiving a final decree of divorce or separate maintenance are not subject to gift tax, unless the transfers are terminable interests or the receiving spouse is not a U.S. citizen.
Property transfers under a divorce decree.
Transfers that are made under a written agreement to settle marital rights or to provide a reasonable child support allowance, if you divorced during the 3-year period beginning one year before, and ending two years after the date of the agreement.
Property transfers that qualify for the annual exclusion from federal gift tax. The first $11,000 of property transfers of present interests per person can be excluded. A present interest exists if the receiving spouse has unrestricted rights to immediately possess, use, and enjoy the property and any income the property generates.
If a property transfer between spouses or former spouses does not qualify for any of the exceptions, it must be reported on Form 709, United States Gift Tax Return.