Spouse


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Spouse

 

in law, an individual who has been joined to another in marriage; the husband or the wife. According to Soviet law, the rights and obligations of spouses arise under a marriage recorded by the registry offices for documents of civil status (ZAGS). The same rights and obligations are entailed in marriages effected before the formation or reestablishment of the Soviet ZAGS, as well as in those determined by a court to be de facto marriages if entered into before adoption of the Decree of the Presidium of the Supreme Soviet of the USSR of July 8, 1944, which made marriage registration mandatory. According to the Constitution of the USSR, spouses have equal rights in their family relations. Both spouses have free choice of occupation, profession, and place of residence. Decisions on their children’s education and on other questions of family life are made by them jointly.

Husband and wife have equal rights in the ownership, use, and disposal of any property acquired during the marriage, regardless of each one’s share in its acquisition through individual labor or material contribution. Under such joint ownership, each spouse is entitled to an equal share in the case of division of property. However, a court may deviate from the principle of equal shares when taking into account the interests of minor children or when either spouse’s interests deserve special consideration. Any assets belonging to either spouse before marriage, as well as any gift or inheritance acquired during the marriage, is the property of the respective spouse.

Spouses are required to give each other material support. If this obligation is not voluntarily fulfilled, a spouse who is unfit for work and requires material assistance may be granted maintenance payments from the other spouse by court order. The same provision applies to a wife during pregnancy and for one year after-the birth of the child. This right is retained even after dissolution of a marriage.

The constitutions of most bourgeois states proclaim the equality of husband and wife, but in fact marriage and family laws strengthen the supremacy of the husband in terms of both personal and property rights. In the Federal Republic of Germany, for example, the husband controls the couple’s joint property independently of the wife’s consent. Under Italy’s civil code, the husband is the head of the family, and the wife must follow him wherever he finds it necessary to settle. In most of the United States the husband has the right to demand a divorce if the wife refuses to live in the place he has chosen. According to the legislation of Italy and France, parental control belongs to both spouses; while the marriage is in effect, however, parental authority is wielded by the father as head of the family.

References in periodicals archive ?
The taxpayer goal of allocating the new business income entirely to the spouse whose other earnings exceed the OASDI limit is probably not attainable when both spouses are actively working in their unincorporated business.
One tactic is to tell your prospective spouse that you're revising your entire estate plan, which you should be doing in any event.
* 82.5 percent of the unreduced deceased spouse's monthly benefit if they had started receiving benefits at their full retirement age (rather than choosing to receive a reduced retirement benefit early).
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No transfer of disquaqied assets: The nonrequesting spouse did not transfer disqualified assets (6) to the requesting spouse.
The cost of any payments made by the estate associated with the temporary possession of the family home, or use and enjoyment of household goods may be deducted by the courts from the surviving spouse or adult interdependent partner's interest in the deceased spouse or adult interdependent partner's estate.
7) property acquired with the separate funds or proceeds from the sale of a separate property with the express intention of the spouse at the time of the acquisition to acquire it as a separate property.
* The spouse must have filed a joint return that has an understatement of tax directly related to his or her spouse's erroneous items.
Every priest who claims this process to be "emotionally healing," should consider the abuse sustained by the spouse whose integrity has been emotionally "assaulted" by deception.
For the first case, a prenuptial agreement would have had the spouse waive all of her assets and had she contested the will, as Anna Nicole Smith is doing, there would be no assets.
Nonrequesting spouses must be aware of and use their right to participate in an innocent spouse relief request at the IRS and Tax Court level.