Also known as: spouses consent · spousal consent · spouse consent
Written by attorneys · grounded in primary & secondary sources — see below
Permission or agreement given by one spouse authorizing or validating a legal action, decision, or testimony by or affecting the other spouse.
Serena Soto receives a subpoena to testify in federal court against her husband Samuel Soto about his alleged fraud. Samuel objects and refuses to consent to her testimony. The court permits Serena to testify because the spousal testimonial privilege belongs solely to her as the witness.
Sarah Sullivan seeks an abortion at a clinic in Pennsylvania without notifying her husband Simon Stern. State law requires spousal notice unless an exception applies. The court invalidates the requirement because it imposes an undue burden on the woman's right to choose.
Select any source to read its text and confirm it supports the definition.
Sydney Santos, a minor, seeks contraceptives from a pharmacy without parental or spousal involvement. State law restricts distribution to minors. The court holds the restriction unconstitutional because it burdens the fundamental right to privacy in reproductive decisions.
Sebastian Santos applies for Medicaid coverage of a nontherapeutic abortion. State regulations fund childbirth but not such abortions. The court upholds the distinction because the state need not subsidize the exercise of the constitutional right.
Sterling Manufacturing holds title to marital property. The husband attempts to mortgage it without his wife's consent under a head-of-household statute. The court invalidates the mortgage because the gender-based rule violates equal protection.
Solstice Ventures administers an ERISA pension plan for Samuel Soto. After his death his first wife claims benefits under state community property law. The court holds federal law preempts the claim and requires payment to the surviving spouse under the qualified joint and survivor annuity rules.
The privilege belongs to the witness spouse alone. The witness may choose to testify against the defendant spouse with or without the defendant spouse's consent and cannot be compelled to testify.
Yes. Under parentage rules a spouse may challenge parentage if the proceeding is brought within two years of birth and the court finds the spouse withdrew consent before the assisted reproduction occurred.
Yes. Such a gender-based classification fails intermediate scrutiny because it rests on outdated stereotypes rather than a substantial relationship to an important governmental objective.
Yes. A signed written consent expressly referencing the transfer satisfies the statutory requirement for exclusion even if the signing spouse claims not to have read it, absent fraud or duress.
A waiver is unenforceable if the surviving spouse lacked independent legal representation at execution and the agreement failed to include a plain-language explanation of the rights waived.
…failure of the marriage, or the husband's absolute opposition to the abortion. . . . "283. The required filing of the spousal consent form would require plaintiff-clinics to change their counseling procedures and force women to reveal their most intimate decision-making on pain of criminal sanctions. The confidentiality…