marital

/maeratal/maraytal/ Relating to, or connected with, the status of marriage; pertaining to a husband; incident to a husband

@ marital agreements

Contracts between parties who are either on the threshold of marriage or on the verge of separation, though, in general, the term refers to all agreements between married people. Such agreements are primarily concerned with the division and ownership of marital property.

In some jurisdictions, the contract must be made through a third person if the law does not permit the spouses to contract directly with each other. A number of states have adopted the Uniform Premarital Agreement Act.

See also antenuptial agreement

- equitable distribution

- marriage settlement

- post-nuptial agreement

@ marital communications privilege

In most jurisdictions private communications between the spouses during the marriage are privileged at the option of the witness spouse and hence inadmissible in a trial. In some jurisdictions the communications are disqualified, and hence not admissible, even with the consent of the witness spouse. This privilege is subject to certain limitations; e.g. prosecutions for crimes committed by one spouse against the other or against the children of either; also, communications made in letter dictated by husband to stenographer to his wife is not within privilege, Wolfle v. U.S., 291 U.S. 7, 54 S.Ct. 279, 78 L.Ed. 617;

presence of third party and intent that third party communicate message destroys privilege.

See also husband-wife privilege

@ marital deduction

A deduction allowed upon the transfer of property from one spouse to another. The deduction is allowed under the Federal gift tax for lifetime (i.e., inter vivos) transfers and also under the Federal estate tax for testamentary transfers. There is no ceiling on the estate tax marital deduction for decedents dying after 1981. I.R.C. No.No. 2056, 2523.

See also pecuniary formulas

@ marital portion

In Louisiana, the name given to that part of a deceased husband's estate to which the widow is entitled

@ marital privileges

Those rights, immunities and advantages which attach to the state of marriage such as the right to connubial relations and the right to hold property as husband and wife.

See also marital communications privilege

@ marital property

Term used to describe property of spouses subject to equitable distribution upon termination of marriage. Marriage of Schwartz, 1 Dist., 131 Ill.App.3d 351, 86 Ill.Dec. 698, 701, 475 N.E.2d 1077, 1080.

Property purchased or otherwise accumulated by spouses while married to each other and which, in most jurisdictions, on dissolution of the marriage is divided in proportions as the court deems fit. Claunch v. Claunch, Mo.App., 525 S.W.2d 788, 790.

See community property

- equitable distribution

- property

- separate property

@ marital rights and duties

Those arising from marriage contract and constituting its object, and therefore embracing what the parties agree to perform towards each other and to society. Rights of husband and wife to a specified share of other's personal estate upon death of other. In re Dean's Estate, 350 Mo. 494, 166 S.W.2d 529, 534, 535

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