Legal Rights in Marriage
- Being married brings special rights under the law.wedding celebration image by Warren Millar from Fotolia.com
When a couple marries, each member of the partnership takes on certain rights and benefits. Assets are shared, tax benefits are accrued, as well as the ability to sue a third party in the event of the wrongful death of the spouse. Although certain rights are being extended to domestic partners and same sex marriages at the state level, the legal rights of marriage do not extend to these couples at the federal level. - Married couples have the right to file both their state and federal income tax returns jointly. This saves time and can also save money. Married couples receive a larger exemption on their taxes if they file together. Also, according to CBS Money Watch, married couples with a combined income of less than $41,000 are entitled to an earned income refundable tax credit of $4,824.
- Spouses are entitled to several employment benefits. Married couples are entitled to insurance benefits through a spouse's employer. In the event of the death of one of the marriage partners, the surviving spouse is entitled to retirement benefits, wages and any worker's compensation that is owed to the deceased during their lifetime.
- The surviving spouse has certain legal rights in the event of their partner's death. The surviving wife or husband has the legal right to give consent to after-death care procedures. They also have the right to deny their consent. It is the surviving spouse's legal right to make burial and final arrangements for their deceased partner. Upon a spouse's death, the surviving spouse can inherit the deceased's share in the estate unless other estate plan were put in place prior to the death.
- Spouses are allowed to visit their married partners in intensive care units and during restricted care times. Rules will vary according to the hospital, but generally the wife or husband is given highest priority when it comes to visiting rights. Should one spouse become medically incapacitated and unable to make decisions, the remaining spouse has the legal right to assume this responsibility unless other prior arrangements were made.
- Surviving spouses have the right to sue a the responsible third party in the event of wrongful death. Spouses can also sue a third party for actions that interfere with the success of the marriage. Examples of these are alienation and criminal conversation. These laws vary greatly from state to state. Married couples also can claim marital privilege in court. They cannot be forced to disclose any confidential communication between spouses.
Taxes
Employment Benefits
Death Benefits
Medical Benefits
Legal Privileges
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