These range from tax and inheritance benefits, to alimony and child support in the event of a divorce, to your right to take bereavement leave from your job if your spouse should die. Marriage rights and benefits fall into the following categories:. The federal benefits of marriage aren't available to unmarried couples that are in domestic partnerships or civil unions.
Because marriage is avaiable to everyone, the federal government has no obligation to recognize these alternative relationships.
You will take on certain responsibilities when you get married. The responsibilities vary from state to state, but commonly include the following:. After you've tied the knot, you are legally joined to your spouse. This means that, when the honeymoon's over, you may be in line for some paperwork. All of the following are optional, however:. Stoner and Shae Irving, provides detailed information on every state's laws about prenups and marital property.
It also explains what you can and can't do with a prenup, helps you decide whether or not you need one, and walks you step by step through the process of drafting your own agreement. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising.
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Grow Your Legal Practice. Meet the Editors. Getting Married: An Overview. This is going to seem unromantic but, the reality is, marriage is a legal arrangement.
The wedding is where you have the lovely dress, friends and family celebrating, big cake, first dance and the rest of it, but marriage is a legally binding contract. It ties a couple together in the eyes of the law in a number of ways.
Most significantly perhaps, when a couple ties the knot, their assets — and liabilities — are considered to be joint. This does not change unless a marriage is dissolved through divorce. It is incredibly important that people understand this fact before walking down the aisle. There are even calls for a compulsory information session for all before they get married to ensure they fully understand the consequences, and go into the union with their eyes open. Once people understand the marriage contract and how it is enshrined in UK law, they could be more predisposed to getting a pre-nuptial agreement.
The spouses can contribute in different ways. For example, one spouse can pay for expenses using her salary, and the other spouse can do housework and look after the children. Being married means that one spouse alone can act on behalf of both of them for everyday family matters.
This avoids both spouses being involved in every family decision, for example, a routine decision concerning the children or what to do about a leaky pipe. This is not a legal opinion nor legal advice. Although they may seem the same, there are distinct differences between them.
A legal marriage guarantees many benefits even after the relationship is over. Although common-law marriages do qualify for many of the same rights as a legal marriage with a state license, there are others that may not apply—especially after a common-law couple separates.
Getting married requires being wed by an officiant in many jurisdictions. This is a person who has the authority to carry out a legal marriage, such as a religious leader, judge, judicial officer, or justice of the peace. This can be done either in a religious setting or in a non-denominational or secular setting such as a city hall or courthouse. A marriage license is issued and officially recorded once the ceremony is complete.
In the U. Marriage has many benefits. And it doesn't necessarily just mean having a joint bank account. In fact, many of the rules are favorable for married couples. For instance, you can file your taxes jointly as a couple. Filing as a couple not only allows you to earn more income and end up in a higher tax threshold, but you can also take advantage of many tax deductions , including:.
Married couples are entitled to each others' Social Security benefits. And if your spouse dies, you are eligible to receive their benefits, provided they were older than 60 before their death.
Estate planning, retirement, and insurance become easier and, often, cheaper. For example, combining health insurance policies may reduce the amount you have to pay in monthly premiums compared to those you would pay individually. The benefits don't end if the marriage does.
Divorce means you are entitled to a settlement. It may require a lot of work, but there is the possibility of a division of property. Some people may choose to forgo the legalities of marriage for a variety of reasons. They may opt for a common-law relationship. But this definition doesn't necessarily apply in all states. A full list of states that recognize common-law marriages is listed below.
Those that do may not have official rules about common law marriage but there are certain conditions that have to be met for a couple to be considered married by common law. For instance, individuals must:. Common-law couples may enjoy some of the same benefits as married couples. But there are certain downsides. For example, if one spouse buys property on their own and doesn't put the other one on the deed , it can be sold without the other's consent.
Couples should consider purchasing major assets using co-ownership agreements to avoid this. And it's also a good idea to review rights and obligations with an attorney who understands common law marriage.
But what happens if the relationship is over? Not much. That's because there is no such thing as a common-law divorce. Anything you bring into the relationship is generally yours to keep. But you may have a claim to any assets and responsibility for any debts held in both of your names. But that may not work if your spouse contests the relationship as a common-law marriage, in which case you may need to settle things in court.
Although you can't divorce your common-law spouse, you should consider legally dissolving the relationship to resolve any liability for the support of an ex-spouse. Fewer than a dozen states and the District of Columbia recognize common-law relationships, and each of those states has specific requirements that must be met:. Some states have ruled that only those unions that met the state requirements for a common-law marriage by a specified date will be recognized—not those that happened later.
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