family law

Definition

The Supreme Court case that reaffirmed the aspect of Roe v. Wade (1973) that prohibited states from disallowing abortion prior to viability.

Definition

A person who is neither a promisor nor promisee in a contractual agreement, but stands to benefit from the contract’s performance.

Definition

Property acquired by a married person or couple in a non-community property state that would have been community property if it had been acquired in a community property state, e.g. California. If the married couple subsequently relocates to a community property state and either the couple divorces or one spouse dies, a court in that state may treat the property like community property when determining the property interests of the divorcing or surviving spouse(s).  

Definition

Under the Employee Retirement Income Security Act ("ERISA"), a judgment, decree, or order regarding child support and coverage under a group health plan that (1) assigns the right to receive benefits under a group health plan and (2) is made pursuant to either a state's domestic relations law or the Social Security Act,

Definition

An indorsement — the placement of a signature on the back of a negotiable instrument — coupled with an additional phrase, e.g. "without recourse" or "for deposit only," limiting the liability of the indorser (signer) in the event the instrument is dishonored. A qualified indorsement makes it more difficult for a thief or embezzler to cash an instrument. Also spelled qualified endorsement. 

Definition

An abbreviation for qualified terminable interest property trust. See qualified terminable interest property trust.

Illustrative caselaw

See, e.g. Wells Fargo Bank New Mexico, N.A. v. United States, 319 F.3d 1222 (10th Cir. 2003).

See also

• Qualified domestic trust

• Estates and trusts

Definition

A trust for a surviving spouse, who is not a U.S. citizen, that qualifies for the marital deduction. 26 U.S.C. § 2056(d)(2). Also called QDOT.

Definition

Under the Employee Retirement Income Security Act ("ERISA"), a judgment, decree, or order regarding child support, alimony, or marital property rights that assigns the right to receive all or part of the benefits payable under a pension plan and that is made pursuant to a state's domestic relations law. 29 U.S.C. § 1056(d)(3).

Definition

An abbreviation for qualified domestic relations order. See qualified domestic relations order. 

Definition

An abbreviation for qualified domestic trust. See qualified domestic trust.