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 marital share of passive appreciation of nonmarital property: deconstructing Kaaa for a better solution

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.

Marital and nonmarital property: calculating reimbursements under the IMDMA

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.

Significant recent developments in estate planning

Discount the goodwill value to reflect only the marital portion.

Business valuation for divorce

More specifically, the courts were wrestling with how to value and properly determine the marital portion of retirement accounts.

A survey of significant QDRO case law in Florida

The marital portion is that which accrued after the marriage.

Premarital agreements need premeditation: before you draft a premarital agreement for a soon-to-be spouse, consider what you have to lose

Thus, the value of the marital portion of the estate will be reduced.

Income in respect of a decedent: minimizing the double taxation

22) Parry applies the fraction utilized to determine the marital portion of pension plans and cites to Trant v.

Ruberg, Parry, and the classification of unvested stock options

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.

Nonmarital real estate: is the appreciation marital, nonmarital, or a combination of both?

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.

Determining the nonmarital portion of retirement benefits and other property

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.

Special equity and unequal distribution of assets

One of these consequences is that a service fraction no longer may be used to determine a marital portion of benefit.