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For example, spousal violence was only criminalized twenty years ago and lobby groups are pushing for similar moves to prevent a defence to smacking children.
For post-1976 spousal joint tenancies treated as separate property, since only the decedent's 50 percent portion is includible in his gross estate, only a 50 percent step-up would be available.
Normally, this would require the surviving spouse to file a spousal property petition.
It is likely, though statistics are hard to come by, that husband and wife remaining together in a very unhappy marriage resulted in high incidences of spousal abuse.
Issues such as child support, spousal maintenance, and division of assets can be stressful and financially ruinous.
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