Also known as:marital unions · marriage · matrimony
Written by attorneys · grounded in primary & secondary sources — see below
The state of cohabitation in which spouses live together as husband and wife.
Sources & Authorities· 37 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Evidence of Marital Union
Mustafa Mahmoud sought naturalization after three years of marriage to a citizen. At his hearing he offered a family record stating the date of his marriage. The immigration judge admitted the record under the hearsay exception for statements of personal or family history even though the declarant lacked personal knowledge of the events.
Revival After Remarriage
Maya Malik divorced her first husband and later remarried him. Her original will had revoked a bequest to him upon dissolution. After the remarriage she never reexecuted the will. The court revived the bequest because the dissolution was nullified by the new marital union.
Mina Mehta and her husband discussed immigration paperwork while living together in marital union. When the government subpoenaed the husband to testify about those conversations the court upheld the marital communications privilege and refused to compel disclosure.
Marital Property During Union
Monica Morgan earned wages while living with her spouse in marital union after the determination date. Under the uniform act those earnings were classified as marital property in which each spouse held an undivided one-half interest.
Effectiveness of Marital Agreement
Meredith Maxwell and her spouse signed a marital agreement the day before their wedding. The agreement became effective upon the start of their marital union and governed division of earnings acquired during the marriage.
Waiver of Spousal Rights
Mariam Mansour signed a written agreement before marriage waiving her right of election. After her spouse died she sought to enforce the waiver. The court upheld the agreement because it was signed in writing and supported by the marital union that followed.
Common questions
Frequently Asked
3
What does the marital union requirement demand for naturalization?+
The applicant must live with the citizen spouse as husband and wife throughout the three-year residency period. Short separations without intent to end the marriage do not violate the requirement.
Does a sham marriage satisfy the marital union requirement?+
Courts examine whether the parties intended to assume the usual obligations of marriage. A marriage entered solely for immigration purposes may be treated as invalid if the parties never intended a genuine marital relationship.
How does marital union affect classification of income under uniform acts?+
Income earned by a spouse during marriage and after the determination date while the parties live in marital union is marital property. Each spouse holds a present undivided one-half interest in that property.
514 U.S. 549 (1995)Constitutional Law
…could regulate any activity that it found was related to the economic productivity of individual citizens: family law (including marriage, divorce, and child custody), for example. Under the theories that the Government presents in support of § 922(q), it is difficult to perceive any limitation on federal power, even in areas…