LEGAL BENEFITS OF GETTING MARRIED

Why get married anyways?  The below explains some key rights you get just because you are married.  It’s important to keep in mind that this list does not cover what happens to your premarital and marital property under state law in the event of a divorce or death.   

1.    Tax benefits

Married couples can be eligible for tax benefits such as lower tax rates, increased deductions, and the ability to file joint tax returns. You can create life estate trusts that are restricted to married couples, including QTIP trusts, QDOT trusts, and marital deduction trusts.

You’ll qualify for an estate tax marital deduction. When one spouse dies, his or her estate passes to the surviving spouse, tax-free. That’s not true for domestic partners, and even though the federal exemption is fairly high, the exemption in some states is low enough to catch even moderate estates.

Keep in mind there are also tax drawbacks (Marriage penalty tax).

2.    Property Rights

 You can roll over a deceased spouse’s IRA to the surviving spouse’s IRA. If your significant other dies with an IRA and you aren’t married, you’ll have to start taking distributions immediately, regardless of your age. 

You can create a "family partnership" under federal tax laws, which allows you to divide business income among family members. Under IRC 1041 you can transfer property to each other without tax consequences.

You can contribute to a spousal IRA.

You can receive survivor’s benefits from a pension plan (which would otherwise cease if you were not married).

3.    Family leave

FMLA, CFRA and other types of leave that guarantees your job will be there when you return – not allowed when the person you are taking care of is not your family. Visiting your spouse in a hospital intensive care unit or during restricted visiting hours in other parts of a medical facility is often reserved for family members not just people in a romantic relationship.

4.    Social Security benefits

Married couples may be entitled to Social Security benefits based on their spouse's work record.

5.    Insurance benefits (health, auto etc) 

Many employers offer health care benefits to employees and their spouses.  You can get reduced rates on other insurance (auto etc) as a family plan.

6.    Legal privileges (spousal privilege, marital communications privilege, etc.)

Spousal Privilege is a legal principle that allows a spouse to refuse to testify against their partner in court.  Marital communications privilege is a privilege that means a court can't force you to disclose the contents of confidential communications made between you and your spouse during your marriage.

When one spouse is unable to make legal decisions, the other spouse can typically make decisions on their behalf.

You can sue a third person for wrongful death of your spouse and loss of consortium (i.e. loss of companionship, comfort, and support).  You can receive a crime victims' recovery benefits if your spouse is the victim of a crime (or natural disaster like the PG&E Fires).

Obtaining immigration and residency benefits for noncitizen spouse.

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