‘Subsequent Marriages and the Elective Share’

Naomi Cahn, ‘What’s Wrong About the Elective Share “Right”?’, 53 UC Davis Law Review 2087 (2020). I have long been perplexed by the inconsistency between the rights of divorcing spouses which are governed by family law rules and the rights of surviving spouses which are governed by trusts and estates law. While the rules governing the distribution of property at divorce and the elective share right both claim to reflect a partnership theory of marriage, Naomi Cahn’s article, ‘What’s Wrong About the Elective Share “Right”?’, demonstrates that the elective share does not further a partnership theory, at least not in cases involving subsequent marriages, and further fails to recognize and adequately balance the interests of multiple families … (more)

[Solangel Maldonado, JOTWELL, 14 May]

(Visited 77 times, 1 visits today)

Leave a Reply