Legal Definitions - marital portion

The marital portion refers to a specific share of a deceased spouse's estate that a surviving spouse may be entitled to receive. This concept is particularly relevant in civil law jurisdictions, such as Louisiana.

In Louisiana law, the marital portion is a special provision designed to prevent a surviving spouse from being left in destitution when their deceased spouse was significantly wealthier. It allows a surviving spouse to claim a portion of the deceased spouse's estate if the deceased spouse died "rich in comparison" to the surviving spouse. The purpose is to ensure the surviving spouse has sufficient means to maintain a similar standard of living to what they enjoyed during the marriage, or at least to prevent them from falling into poverty. The exact amount of the marital portion can vary but is often a fraction of the estate, capped at a certain amount, and takes into account any assets the surviving spouse already possesses.

• Example 1: Financial Disparity After Death

  Eleanor and Thomas were married for 30 years. Thomas was a highly successful real estate developer with a vast portfolio of properties and investments, while Eleanor managed their household and had no significant independent income or assets. When Thomas unexpectedly passes away without a will, his estate is valued at tens of millions of dollars. Eleanor, with minimal personal savings, could claim the marital portion from Thomas's estate. This is because Thomas died "rich in comparison" to Eleanor, and the marital portion would provide her with a necessary share of his wealth to ensure her financial security and prevent a drastic decline in her standard of living.

• Example 2: Consideration of Surviving Spouse's Assets

  Maria and David were married for 10 years. David was a retired corporate executive with a substantial pension and investment accounts totaling several million dollars. Maria worked part-time and had personal savings of $50,000. Upon David's death, Maria petitions the court for the marital portion. Even though Maria has some assets, the court would likely find that David died "rich in comparison" to her. The court would then calculate the marital portion, considering Maria's existing $50,000 in savings and the overall size of David's estate, to determine a fair share that would help Maria maintain a reasonable lifestyle, often up to a statutory maximum.

• Example 3: When the Marital Portion May Not Apply

  Sarah and Michael were both successful doctors with similar incomes and substantial individual investment portfolios and retirement accounts. When Michael dies, his estate is valued at $5 million, but Sarah also possesses significant personal wealth from her own career, totaling $4 million. In this situation, Sarah would likely *not* be able to claim the marital portion from Michael's estate. This is because Michael did not die "rich in comparison" to Sarah; she is already financially secure. This example highlights that the marital portion is intended to protect a financially disadvantaged surviving spouse, not to provide an additional inheritance to an already wealthy one.