premarital asset
Property that a spouse owned before marrying. • In most jurisdictions, this is part of the spouse’s separate property. See SEPARATE PROPERTY. Cf. COMMUNITY PROPERTY.
Search Results for: MARITAL
marital deduction
A federal tax deduction allowed for lifetime and testamentary transfers from one spouse to another. IRC (26 USCA) §§ 2056, 2523. [Cases: Internal Revenue 4169. C.J.S. Internal Revenue § 535.]
marital deduction trust
A testamentary trust created to take full advantage of the marital deduction; esp., a trust entitling a spouse to lifetime income from the trust and sufficient control over the trust to include the trust property in the spouse’s estate at death. See marital deduction under DEDUCTION. [Cases: Internal Revenue 4169. C.J.S. Internal Revenue § 535.]
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marital misconduct
marital misconduct. Any of the various statutory grounds for a fault divorce, such as adultery or cruelty. See fault divorce under DIVORCE.
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marital portion
marital portion. 1. Civil law. The portion of a deceased spouse’s estate to which the surviving spouse is entitled. 2. Louisiana law. The portion of a deceased spouse’s estate to which the surviving spouse is entitled if the spouse died “rich in comparison with the surviving spouse.” La. Civ. Code art. 2432. [Cases: Descent and
marital communications privilege
marital-communications privilege. See marital privilege (1) under PRIVILEGE (3).
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marital deduction trust
marital deduction trust 婚姻财产减税信托 一种信托形式，旨在从婚姻财产减税〔marital deduction〕中最大限度地获取好处。一般是将一半财产设定婚姻财产减税信托，另一半则设定其他信托或作类似安排，以使健在配偶财产得以避税。由于美国法律对1981年后死亡者遗产转让给健在配偶的征税有所变更，不再规定减税最高限额，此项减税信托通常已不再使用。 (→marital deduction)
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