Legal Rights in Marriage

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    Taxes

    • 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.

    Employment Benefits

    • 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.

    Death Benefits

    • 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.

    Medical Benefits

    • 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.

    Legal Privileges

    • 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.

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