I3.151 Maintenance of spouse or civil partner
A disposition by one party to a marriage or civil partnership in favour of the other party, which is for the maintenance of that other party, is not a transfer of value1.
It is not necessary that the parties be living together. Because of the exemption for transfers between spouses or civil partners (see I4.225) this exception is not very important in relation to those who are living together in harmony, but has more significance where a marriage or civil partnership breaks up.
The exemption for transfers of value between spouses or civil partners (see I4.225) does not apply to a transfer in favour of a former spouse or civil partner, but limited relief is given under the present rule for a disposition for the maintenance of a former spouse or civil partner.
Dispositions on divorce and later
'Marriage' includes a former marriage, and 'civil partnership' for those purposes includes a former civil partnership, where the disposition is made on the occasion
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