Legal Definitions - stante matrimonio

Stante matrimonio is a Latin legal phrase that means "while the marriage remains undissolved" or "during the existence of the marriage." It refers to the period when a couple is legally married, from the date of marriage until it is terminated by divorce, annulment, or the death of one spouse.

Here are some examples to illustrate this concept:

• Example 1: Prenuptial Agreements

  A couple signs a prenuptial agreement before their wedding. This agreement might specify how certain assets will be managed or how finances will be handled stante matrimonio. For instance, it could state that during the marriage, each spouse's income remains separate property, but upon divorce, a different set of rules for asset division would apply. The terms governing the day-to-day financial arrangements are specifically in effect only while the marriage legally exists.

• Example 2: Spousal Privilege in Court

  In a legal proceeding, a person might invoke "spousal privilege" to avoid testifying against their spouse. This legal protection, which allows one spouse to refuse to provide testimony that could incriminate the other, only applies stante matrimonio. If the couple were divorced at the time of the trial, the privilege would no longer be valid, and the individual could be compelled to testify.

• Example 3: Inheritance and Wills

  A person drafts a will leaving a substantial portion of their estate to their spouse. This provision is generally understood to be effective only stante matrimonio. If the couple were to divorce before the person's death, the former spouse would typically lose their right to inherit under that will, unless the will explicitly stated otherwise or specific state laws dictated a different outcome for divorced spouses. The legal status of being married at the time of death is crucial for the inheritance to take effect as intended.