Marital portion

MARITAL PORTION. In Louisiana, this name is given to that part of a deceased husband's estate, to which the widow is entitled. Civil Code, 334, art. 55; 3 Mart. N. S. 1.

References in periodicals archive ?
41) Had the proposed legislation passed, in a case such as Kaaa in which a mortgage on nonmarital property was paid down during the marriage with marital funds and said property had passively appreciated during the marriage, the marital portion of equity in the former marital home would have consisted of two components: paydown of the principal balance of the nonmarital mortgage and an equitable portion of the passive appreciation in the property.
The appellate court first determined that absent personal efforts by the wife, the increase in value of the nonmarital portion remained nonmarital but the increase in the marital portion is marital property.
First, if a management expense relates to assets allocated to another portion of the estate, payment of the expense from the marital portion will reduce the marital deduction; payment of the expense from the charitable portion will reduce the charitable deduction.
Discount the goodwill value to reflect only the marital portion.
More specifically, the courts were wrestling with how to value and properly determine the marital portion of retirement accounts.
Thus, the value of the marital portion of the estate will be reduced.
22) Parry applies the fraction utilized to determine the marital portion of pension plans and cites to Trant v.
10) This figure was calculated by dividing the marital portion of appreciation ($75,000) in half giving each party $37,500 as their respective share of marital appreciation.
When the nonmarital asset cannot be segregated, it is impossible to spend marital time improving the marital portion without the nonmarital portion benefiting as a result of that effort.
11) In other words, once the marital portion of the pie has been defined, the court, beginning with the presumption that the marital assets will be equally divided, must then determine, after looking at all of the factors in the statute, whether an equal division will result in an equitable decision.
One of these consequences is that a service fraction no longer may be used to determine a marital portion of benefit.