Legal Definitions - marital rights

The term marital rights refers to the legal entitlements and obligations that spouses have towards each other solely by virtue of their marriage. Historically, this expression was often used in a patriarchal context, primarily describing rights held by husbands, such as control over household affairs or conjugal relations.

In modern legal understanding, however, marital rights encompass a broader and more equitable set of reciprocal rights and responsibilities shared by both spouses. These can include rights related to shared property, financial support, cohabitation, and decision-making regarding the marital unit. These rights are fundamental to the legal framework of marriage and are often considered during events like divorce, separation, or the death of a spouse.

Here are some examples illustrating modern applications of marital rights:

• Property Division in Divorce: Imagine a couple, Sarah and David, who purchased a home and accumulated retirement savings during their 15-year marriage. If they decide to divorce, both Sarah and David have marital rights to an equitable share of these assets, even if only one spouse's name is on the mortgage or retirement account. Their marital rights ensure that the property acquired during the marriage is divided fairly according to state law, recognizing both spouses' contributions to the marital estate.

• Spousal Support (Alimony): Consider Maria and John, who were married for 25 years. During their marriage, Maria primarily focused on raising their children and managing the household, while John pursued a successful career. If they divorce, Maria may have a marital right to receive spousal support (alimony) from John. This right acknowledges her contributions to the marriage and aims to ensure she can maintain a reasonable standard of living post-divorce, especially given her limited independent earning capacity developed during the marriage.

• Inheritance Rights: Suppose Robert and Lisa are married, and Robert passes away unexpectedly without a will. Lisa, as his surviving spouse, has marital rights to inherit a significant portion, or sometimes all, of Robert's estate. These rights are typically established by state intestacy laws, which dictate how property is distributed when someone dies without a will, prioritizing the surviving spouse to protect their interest in the marital assets and provide for their financial security.