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 ?
She was named the 2014 Military Spouse of the Year by Armed Forces Insurance and serves as an Advisory Board Member for the Military Family Advisory Network.
For many surviving spouses who have yet to reach full retirement age, it can be beneficial to take the survivor benefit and allow his or her own benefit to grow.
Key spouse STARS are a lot like customer service reps for squadron spouses," Breazeale said.
It did not address whether (1) the requesting spouse has the sole legal obligation to pay; (2) the nonrequesting spouse has been relieved of liability for the taxes as a result of a bankruptcy; (3) both spouses have the legal obligation to pay the tax liability; (4) the spouses are not separated or divorced; or (5) the divorce decree or agreement is silent as to the legal obligation to pay.
5) income from the work or intellectual activities, dividends, pensions, benefits or other payments collected by both spouses or one of them after the commencement of the marriage, except for payments received for specific purposes (such as damages for moral or corporal injury, support, allowance or other benefits paid specifically to only one of the spouses, etc.
Prior to the 1998 Restructuring Act, the courts would have held that granting Lora innocent spouse relief could not have affected Isaac's tax liability since he still would be liable for the entire deficiency under the joint and several liability rule.
Generally, it doesn't matter if the marital settlement agreement, minute order or judgment state that something is deductible or taxable, whether someone can file as head of household or that one of the spouses will report the sale of property, etc.
The risk is especially great within the first month after the spouse enters the hospital.
This technique starts with the establishment of either one trust by both spouses, or separate trusts by each spouse.
While it's been two years since the war in Iraq started, some of the nation's 800,000 military spouses have been struggling with deployment issues for decades.
But in the case of a very large estate of, say, $50 million, given the possibility of even a temporary one-year reprieve, the will should include a statement that says, 'If there is no estate tax when I die, then leave my kids $25 million and the other $25 million to my spouse.
24) If one of the spouses filed on or before April 15 and consent was not signified, consent may not be signified on the second spouse's 709 when it is filed.