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Marriage - Answers and Information
Legal Rights and Benefits


Legal Rights and Benefits


TAX BENEFITS:
- Filing joint income tax returns with the IRS and state taxing authorities.

- Creating a "family partnership" under federal tax laws, which allows you to divide business income among family members.

ESTATE PLANNING BENEFITS:
- Inheriting a share of your spouse's estate.

- Receiving an exemption from both estate taxes and gift taxes for all property you give or leave to your spouse.

- Creating life estate trusts that are restricted to married couples, including QTIP trusts (A type of trust for wealthy married couples that allows a surviving spouse to postpone estate taxes), QDOT trusts (A trust used to postpone estate tax when more than the amount of the personal federal estate tax exemption is left to a non-U.S. citizen spouse by the other spouse), and marital deduction trusts.

- Obtaining priority if a conservator, someone to make financial and/or medical decisions on your spouse’s behalf if they are incapacitated, needs to be appointed for your spouse.

GOVERNMENT BENEFITS:
- Receiving Social Security, Medicare, and disability benefits for spouses.

- Receiving veterans' and military benefits for spouses, such as those for education, medical care, or special loans.

- Receiving public assistance benefits.

EMPLOYMENT BENEFITS:
- Obtaining insurance benefits through a spouse's employer.

- Taking family leave to care for your spouse during an illness.

- Receiving wages, workers' compensation, and retirement plan benefits for a deceased spouse.

- Taking bereavement leave if your spouse or one of your spouse’s close relatives dies.

MEDICAL BENEFITS:
- Visiting your spouse in a hospital intensive care unit or during restricted visiting hours in other parts of a medical facility.

- Making medical decisions for your spouse if he or she becomes incapacitated and unable to express wishes for treatment.

DEATH BENEFITS:
- Consenting to after-death examinations and procedures.

- Making burial or other final arrangements.

FAMILY BENEFITS:
- Filing for stepparent or joint adoption.

- Applying for joint foster care rights.

- Receiving equitable division of property if you divorce.

- Receiving spousal or child support, child custody, and visitation if you divorce.

HOUSING BENEFITS:
- Living in neighborhoods zoned for "families only."

- Automatically renewing leases signed by your spouse.

CONSUMER BENEFITS:
- Receiving family rates for health, homeowners', auto, and other types of insurance.

- Receiving tuition discounts and permission to use school facilities.

- Other consumer discounts and incentives offered only to married couples or families.

OTHER LEGAL BENEFITS & PROTECTIONS:
- Suing a third person for the wrongful death of your spouse and loss of consortium (loss of intimacy).

- Suing a third person for offenses that interfere with the success of your marriage, such as alienation of affection and criminal conversation (available in only a few states).

- Claiming the marital communications privilege, which means a court can’t force you to disclose the contents of confidential communications between you and your spouse during your marriage.

- Receiving crime victims' recovery benefits if your spouse is the victim of a crime.

- Obtaining immigration and residency benefits for noncitizen spouse.

- Visiting rights in prisons and other places where visitors are restricted to immediate family.

Please note that if you are in a same-sex marriage in Massachusetts or a domestic partnership or civil union in any of the states that offer them, many of the benefits of marriage will NOT apply to you, because the federal government does not recognize these same-sex relationships.


If you think you might have a Marriage case, Contact our Marriage Lawyers Immediately for Help.


Marriage Resource Center

  • Answers and Information
    Answers to frequently asked questions about marriage.

     

  • The Process
    A step-by-step guide to the legal side of Marriage.
  • Prenuptial Agreements
    An overview of Prenuptial Agreements.
  • Common Law
    A overview of Common Law Marriage.
  • Same Sex Couples
    An overview of the history and current status of Same-Sex Marrriage and the legal implications.
  • State Laws
    A list of states and their Marriage Laws.
  • Additional Topics
    An overview of additional topics pertaining to Marriage.
  • Money and Property
    A guide to money and property issues for married couples and those preparing for marriage.






  • Find an Marriage Attorney

    We offer many ways to find Marriage lawyers in order to best match up our lawyers with prospective clients. Detailed Marriage lawyer videos help you learn more about different attorneys and their Marriage practices.

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    August 30, 2008
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