The Legal Benefits of Marriage
Persons who are legally married have long enjoyed a wide range of benefits in the United States, including:
- Employment benefits—health insurance, family leave, bereavement leave
- Family benefits:
- Adoption rights and joint foster care rights
- The right to a portion of jointly owned property upon separation or divorce
- Government benefits:
- Social Security benefits (you may receive your spouse’s Social Security benefits if you are at least 62 or if you are caring for a child under the age of 16)
- Medicare
- Disability benefits
- VA benefits and public assistance
- Tax and estate planning benefits:
- the marital tax deduction (you are allowed to transfer any asset to your spouse at any time without paying taxes on that asset)
- the option to file joint tax returns, which is especially beneficial If one spouse earns significantly more than the other
- the right to inherit your spouse’s estate without paying an estate tax
- Medical and death benefits:
- The right to visit your spouse in the hospital
- The right to make medical decisions for an incapacitated spouse
- The right to participate in burial and funeral arrangements
- Consumer benefits—discounts to families or couples
The Validation of Same Sex Marriage
Over the past two decades, U.S. law has expanded the recognition of the right to marry to include same-sex couples. In 2013, the U.S. Supreme Court struck down the provision of the Defense of Marriage Act that defined marriage as a union between a man and a woman. That ruling afforded federal benefits to same-sex partners in those states that had legalized same-sex marriage. In 2015, the U.S. Supreme Court’s decision in Obergefell v. Hodges established that same-sex couples enjoy the legal right to marry, along with all other financial and legal rights that accompany marriage. The Court applied the Equal Protection and Due Process clauses of the Fourteenth Amendment to confirm that if one state afforded same-sex couples the right to marry, recognition of their marriage could not be withheld by other states. It also held that states could not refuse to recognize same-sex marriages legally entered into in another state. This decision means that same-sex marriages are recognized throughout the U.S. Prior to the Court’s Obergefell decision, thirty-seven states had recognized same-sex marriage. .
Common Law Marriage
A common law marriage is one that is recognized under state law without the requirement of a ceremony, a license, or any documentation. Common law marriage is a relationship entered into by a man and woman who consider themselves (or “hold themselves out as”) husband and wife. A common law marriage need not last for a specific period of time – a couple who consider themselves married, or simply behave is if they are married, are treated as married. As of 2019, only seven states clearly continue to recognize common law marriage: Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, and Texas. The District of Columba also recognizes common-law marriage. In New Hampshire, common-law marriages are recognized only for the limited purpose of probate.
Domestic Partnership
Domestic partnerships, or civil unions, provide some of the same benefits of marriage, and before the right to marry was extended to same-sex couples, such couples often entered into these legal arrangements. Unlike common law marriage, a domestic partnership is typically a formal legal arrangement that must be registered to be recognized. In a domestic partnership, the gender of the partners is irrelevant, but both partners must be over 18, not related to each other, not involved in another domestic partnership or marriage, and cohabitate or share a permanent residence. Domestic partners possess some of the benefits enjoyed by spouses; they may be entitled to health insurance coverage or medical leave, depending on the law in their jurisdiction. Some states, such as Washington, legally converted most or all domestic partnerships registered in the state to marriages when they began to recognize same-sex marriage. To learn more about domestic partnerships, click here.
Updated January 14, 2019
Other Family Law and Divorce Resources
FAQs
Married people have more social capital to distribute due to shared workloads, more discretionary time, and excess resources to invest in others. How are divorce and out-of-wedlock childbirth affecting the economy? Divorce and unwed childbirth are negatively impacting the economy by producing a heavy tax burden.
What are the benefits of marriage quizlet? ›
Married people have more social capital to distribute due to shared workloads, more discretionary time, and excess resources to invest in others. How are divorce and out-of-wedlock childbirth affecting the economy? Divorce and unwed childbirth are negatively impacting the economy by producing a heavy tax burden.
Is getting legally married worth it? ›
Some of the biggest legal benefits of marriage in California relate to taxation. Married couples can file taxes jointly and can take up to two standard deductions from their income. This can provide a significant tax reduction if one spouse works and the other stays at home.
What are the downsides of getting legally married? ›
This includes things like having a partner who spends too much, not being able to make ends meet, having to take care of in-laws, and the costs of raising children. There is also a chance that you could actually pay more in taxes when you're married compared to when you're single.
What are the biblical benefits of marriage? ›
Companionship is the first purpose of marriage. In Genesis 2:18, the Lord said it wasn't good for man to be alone. God designed marriage so that man and woman could have a close relationship. This relationship is based on love, trust, and communication and provides a picture of our relationship with the Lord.
What is the biggest benefit of marriage? ›
The Legal Benefits of Marriage
- Employment benefits—health insurance, family leave, bereavement leave.
- Family benefits: Adoption rights and joint foster care rights. ...
- Government benefits: ...
- Tax and estate planning benefits: ...
- Medical and death benefits: ...
- Consumer benefits—discounts to families or couples.
Married people are both responsible for and responsible to another human being, and both halves of that dynamic lead the married to live more responsible, fruitful, and satisfying lives. Marriage is a transformative act, changing the way two people look at each other, at the future, and at their roles in society.
What are the pros and cons of divorce? ›
Benefits and Challenges of Divorce
- More Freedom. ...
- Escape From an Unhealthy Relationship. ...
- Personal Growth Opportunities. ...
- Improved Finances. ...
- Provide a Better Environment for Children. ...
- Emotional Stress. ...
- Financial Challenges. ...
- Impact on Children.
Views: If you get Social Security disability or retirement benefits and you marry, your benefit will stay the same. However, other benefits such as SSI, Survivors, Divorced Spouses, and Child's benefits may be affected.
Are there tax benefits to being married? ›
For many people, the main tax benefit of filing as a married couple is ease: They get to file a joint tax return, and sometimes, take more deductions.
There are several benefits to common law marriage, the primary one being legal recognition of your relationship. In addition, common law marriage offers couples property division rights, inheritance rights, and possibly spousal maintenance if the relationship ends.
Is it better to be married or single financially? ›
Getting married makes financial sense, especially for people who have widely disparate incomes. For example: The annual income limitations for IRA contributions by married couples are based on joint income, allowing for far higher savings.
What are the benefits of never getting married? ›
5 financial benefits of staying single
- More for you. Sharing is caring, but this is not the case anymore when you're single. ...
- More time, more money. If you have more time as a single person, you can concentrate more on your career. ...
- Prepare yourself financially. ...
- Less occasion-based expenses. ...
- Better savings.
God gave us marriage for our sanctification more than He did for our satisfaction. Sanctification means to be gradually conformed to the image of Christ. If we only love when our spouses are lovely, this does nothing for our sanctification. Therefore, let us love our spouses with long-suffering love.
What does God say about the purpose of marriage? ›
The biblical view of marriage is of a God-given, voluntary, sexual and public social union of one man and one woman, from different families, for the purpose of serving God.
What are the three blessings of marriage? ›
Three Gifts of Marriage: Companionship, Passion and Purpose.
Which of the following are benefits of marriage? ›
The benefits of marriage include better mental health, improved financial health, and better physical health. Marriage provides emotional support, companionship, and can reduce stress levels.
What was the importance of marriage? ›
Marriage is considered an important aspect of life for many people for several reasons: Emotional and psychological well-being: Marriage provides emotional support, companionship, and a sense of belonging. Being in a loving and committed relationship can improve one's mental and emotional health.
What is the main point of marriage? ›
In fact, just under 90% of those who have married state that love is the most important reason for making the decision to marry. Just behind love is having a lifelong commitment and companionship, at 81% and 76%, respectively.
What are the important functions of marriage? ›
Marriage fulfils social, emotional, economic, and biological functions. It forms a legal family unit, provides companionship and intimacy, meets economic needs through sharing resources, and enables childbearing and raising children.
Persons who are legally married have long enjoyed a wide range of benefits in the United States, including:
