The Legal Benefits of Marriage

Nov 16, 2021

Some benefits of marriage you may not be aware of.

Marriage is an institution that has been around for millennia, and it's undergone many changes in the course of time and cultural development. For most of its history, marriage was a legally binding arrangement between a man and a woman who wanted to share their lives for a variety of reasons. Doing so guaranteed them both mutual commitments and social recognition from the group within which they lived.

But since the 18th century, things have changed. Couples can marry civilly. Now, in many jurisdictions, same-sex couples can marry; individuals of different faith groups can marry civilly; some couples choose not to wed at all, while others opt for domestic partnerships instead.

If you're considering getting married (or if you already are), here are some things you might want to think about regarding how this big step will affect your life - both now and later on.

1) Marriage is a legal institution.

In the United States, civil marriage is a legally recognized relationship available to both opposite-sex and same-sex couples (for the latter, check your jurisdiction). Married couples enjoy several legal rights and protections that are not available to unmarried individuals.

Typically, these include:

• Rights of inheritance (when one spouse dies)

• Tax relief (such as gift tax exemptions for transfers between spouses)

• Benefits under government assistance programs

• Benefits under workplace benefit plans

2) Marriage can be either civil or religious.

The main distinction between a civil marriage and a religious one is that the former only involves the state, while the latter determines the couple’s status within a religious denomination.

Many religions, especially in Western countries, allow both civil and religious marriages performed by a state-licensed officiant. New York City has the strictest requirements for who may receive that license of any jurisdiction in the entire country. Reform Judaism requires both a civil union in addition to a religious ceremony. It should be noted that in some parts of the world (notably, in Muslim and Orthodox Jewish communities), religious leaders do not perform interfaith marriages. This compels those couples to seek a wedding outside those denominations.

3) Marriage can sometimes serve as a way for same-sex couples to gain recognition by the state.

In most countries, marriage is not available to same-sex couples.

However, in those countries where it is legal and recognized by the government, LGBTQ couples can choose either a civil or religious ceremony that will be legally binding.

4) There are many benefits to being married including tax relief, inheritance rights, and even social security.

When a couple gets married, they become a family unit.

As a result, it becomes easier for them to share assets and legal responsibility for their children or elderly relatives.

If you're thinking about marriage, then the following will probably be of interest to you:

a) Tax relief. Many countries offer tax incentives for married couples.

For example, if the couple has children, they often get relief on their income tax or get to transfer certain credits or deductions between spouses.

b) Inheritance rights. If one spouse dies without a will (intestate), his or her property is distributed to the surviving spouse according to state law. In addition, if a will exists and it isn't clear what the deceased intended, probate courts use impartial state laws governing intestate succession to distribute the property as they see fit. You DON’T want that -- there may be cousins, first cousins, third cousins once-removed, etc., whom you don’t want to receive your assets.

c) Social security. If you're married, then there's a good chance that both you and your spouse can receive social security benefits.

However, if you're divorced or widowed and you remarry, then federal law says that the subsequent marriage will result in the termination of any benefits received by your previous spouses or ex-spouses.

d) Other benefits. If you're married, then the person to whom you are married will have the right to receive medical information about you.

5) The last consideration about whether to marry is that it should be an entirely personal decision.

It's important to remember that only you know your situation; whether or not it is appropriate for you to marry at this time in your life is YOUR decision.