Also known as: mates · spouse · consort
Written by attorneys · grounded in primary & secondary sources — see below
A spouse. The term denotes the legal marital partner.
Judge Ramirez learns that her mate owns shares in Metro Bank, a defendant in a pending contract suit. Because the mate's economic interest is in a party to the proceeding, the judge must disqualify herself under the applicable judicial conduct rule.
Attorney Patel prepares a will leaving a substantial bequest to his own mate. Because the recipient is related to the client, the prohibition on preparing instruments that confer substantial gifts does not apply.
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During a federal investigation, prosecutors subpoena Melissa Mills to disclose letters she exchanged with her mate. The court holds the communications presumptively confidential, placing the burden on the government to overcome the marital communications privilege.
After marriage, Miles Montgomery receives a parcel of land as a gift from his aunt. Under the uniform act, the parcel remains his individual property because it was acquired by gift from a third person to the spouse alone.
After Mason McCarthy's death, his revocable trust holds assets insufficient to pay his creditors. The surviving mate's statutory allowances are satisfied from the trust to the extent the probate estate cannot cover them.
Mariam Mansour petitions for support after her mate stops providing funds for household expenses. The court may order alimony based on her need and the mate's ability to pay, even without a pending divorce action.
Yes. Courts treat a mate as a spouse for purposes of the marital communications privilege, which protects confidential exchanges made during the marriage and survives divorce.
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Recusal is required when the judge knows the mate holds an economic interest in the subject matter or in a party to the proceeding.
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The lawyer may do so only if the mate is related to the client within the permitted degrees. Otherwise the rule prohibits preparing the instrument.
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Under the uniform act, such property remains the individual property of the recipient spouse and is not marital property.
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Yes. After the settlor's death, creditors and statutory allowances to a surviving mate may be satisfied from a revocable trust to the extent the probate estate is inadequate.
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…murder. At trial, he claimed self-defense. Sylvia did not testify because of the state marital privilege, which generally bars a spouse from testifying without the other spouse's consent. See Wash. Rev. Code § 5.60.060(1) (1994). In Washington, this privilege does not extend to a spouse's out-of-court statements admissible…