Legal Definitions - marital

Marital refers to anything that is related to, characteristic of, or arises from a marriage or the state of being married.

Here are some examples to illustrate this term:

• Marital Home: When a couple purchases a house together after they are married, that property is often referred to as their marital home. This designation is significant because, in the event of a divorce, the division of this asset would be governed by laws pertaining to shared property acquired during the marriage, rather than simply treating it as two individuals' separate investments.

• Marital Privilege: In legal proceedings, a marital privilege (also known as spousal privilege) might prevent one spouse from being compelled to testify against the other, or from disclosing confidential communications made between them during their marriage. This privilege exists specifically because of the legal and social recognition of the marriage relationship and the desire to protect its intimacy.

• Marital Debt: If one spouse takes out a loan for a significant expense, such as a new family car or home renovation, while they are married, that financial obligation might be classified as marital debt. This means that even if only one spouse's name is on the loan, both spouses could be considered responsible for repayment, especially if the debt was incurred for the benefit of the marriage or household, and its treatment would be a key consideration in a divorce settlement.