Legal Definitions - spousal share

Spousal share, also known as forced, elective, or statutory share, is the amount of inheritance that a spouse is entitled to receive after their partner passes away, regardless of what is stated in the will. This means that a spouse cannot be completely disinherited by their partner's will.

For example, if a husband writes a will leaving all his assets to his children and nothing to his wife, the wife may still be entitled to a portion of the estate as per the spousal share laws of the state.

The amount of spousal share varies from state to state. Some states have a fixed percentage, while others have specific dollar amounts or base the amount on the length of the marriage and the number of children the couple had together. The traditional spousal share was one-third, but this is not the case in all states.

It is important to note that spousal share laws only apply to legally married spouses and not to unmarried partners or common-law spouses.