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Spousal Consortium: Jon and Kate Plus 8 are an example of what two people can do together.

By Steve Lombardi

Watching Jon and Kate + 8 on the Discovery Channel clearly demonstrates what the legal system means when we discuss spousal consortium. Jon and Kate are a prime example of why consortium is valued and an allowable element of damages in cases where one spouse has suffered an injury or is killed. Together they demonstrate the value of spousal consortium; apart they may demonstrate why they should have stayed together.

Spousal consortium is about the value of the relationship between a husband and a wife. It's about valuing what a couple begins to build after they say 'I do.'

In the first part of their lives, as single individuals, they don't seem to have accomplished much. If Wikipedia is correct the couple as individuals didn't accomplish much in life at all until they met, married and started a family. They haven't said much about themselves on The Gosselin's official website of on TLC's website so it's difficult to know what they did or didn't do before meeting each other. But if they had something to brag about I'm sure TLC would have done it for them. Take a look at what they've done together from writing a book, to starring in a television series to numerous other business ventures that have surely made them and their 8 children well off if not very wealthy.

Now I'm not going to say that everyone marrying and having children can end up being financially successful, but in this instance the Gosselin's did and they are a fine example of why consortium is valued by the American Courts. American Courts value the marital relationship because as a team you can accomplish more than two individuals can separately. It's called the synergy of the team. Synergy is the greater value of the sum of it's parts than the individual pieces.

Synergy: the working together of two things (muscles or drugs for example) to produce an effect greater than the sum of their individual effects.

The courts appreciate the benefits of a marital relationship if you're sitting as a juror so should you. Take away one part and the entire family suffers. Take away the breadwinner and it's obvious how they will suffer. But even taking away the non-breadwinner and the whole still suffers financially, emotionally, socially and in many other ways. So together, Jon and Kate have been a great example of synergy and the value of spousal consortium.

But, and this is a big one, as individuals separating it will be interesting to see if they ruin what they together have created. Like it or not they are business partners with mutual social, familial and financial interests. And that's what happens with marriages when you have children and create a successful business. You are tied together at the hip for life; like it or not.

The rest is this is legal stuff for young lawyers trying to understand how to talk about a loss of consortium claim at trial. So if not interested you can skip this part. But before you go let's have a little fun.

http://www.youtube.com/watch?v=65l6RGG9-nk

YOUNG LAWYERS NEED TO APPRECIATE THE SYNERGY OF THE SPOUSAL RELATIONSHIP

The public break up of a reality TV marriage can demonstrate what the courts deal with on a daily basis when valuing a death or personal injury claim. Lawyers and Judges call it consortium; or the loss thereof. A consortium claim or the monetary value of the marital relationship is destroyed by divorce. There are other types of consortium, but today we're interested in spousal consortium. Hang in there while I get dull for a few paragraphs; it will get better.

Spousal or marital consortium under Iowa law is defined as the fellowship of a husband and wife and the right of each to the benefits of company, cooperation, affection, the aid of the other in every marital relationship, general usefulness, industry and attention within the home and family.

What is spousal consortium?

"Spousal consortium" is the fellowship of a husband and wife and the right of each to the benefits of company, cooperation, affection, the aid of the other in every marital relationship, general usefulness, industry and attention within the home and family. It does not include loss of financial support from the injured spouse, nor mental anguish caused by the spouse's death.

Damages for spousal consortium are limited in time to the shorter of the spouse's or (decedent)'s normal life expectancy.

The value a marital relationship you would consider all the following:

1. [His] [Her] life expectancy, health, physical condition, age and occupation at the time of death.

2. [His] [Her] ability to earn money and any amount from income which would have been used for support of [his] [her] spouse and family.

3. The amount of taxes, both federal and state, which would be payable out of earnings.

4. [His] [Her] habits as to industry, thrift and economy.

5. The uncertainties of life such as ill health or employment, increase or decrease of earning capacity as age advances.

6. All other facts and circumstances bearing on the amount [he] [she] would have accumulated.

As you can see from reading this instruction lawyers and judges can destroy the beauty of just about anything. But then again so can warring spouses.

Originally posted at InjuryBoard by Steve Lombardi

Full post as published by Des Moines Personal Injury Lawyer on June 30, 2009 (boomark / email).