Marriage Laws Every Couple Should Be Aware Of

What legal changes occur in your relationship when you marry? Discover the differences between federal and state marriage laws.

What you will discover:

Change of name
Returning Taxes
Community Property Medical Consent

While we prefer to concentrate on the romantic aspects of marriage, it is also a legal partnership. It might be the most essential legal arrangement you ever enter into. Marriage is governed by state and federal laws, which impact how you pay taxes, disperse your assets, and more. Common-law weddings, annulments, and the age of permission to marry are often governed by state-specific regulations. Here are a few things that every newlywed should be aware of.

Legal status changes that may arise when you marry:

Change of name

After you marry, you have the legal right to alter your name. Typically, your marriage certificate (with the new name) is all that is required to legally change your name. If you wish to change your last name to that of your husband, you may generally simply start using that name and update your documents at local organizations such as the DMV and Social Security office.

If you wish to legally change your name to anything other than your spouse’s last name, you may need to submit a petition with the courts. The paperwork you need to change your name to anything other than your spouse’s last name should be available from your local court clerk.

While same-sex marriage is legal in all 50 states, local regulations may still restrict couples from changing their names without a court order. Again, your local court clerk will inform you of the steps necessary to alter your name.

A Name Change Notification Letter may be used to tell your bank, credit card provider, or others of your name change.

Returning Taxes

When you get married, you may lawfully file returns as a couple. You have the option of filing Married Filing Jointly or Married Filing Separately. It is entirely up to you how you submit your IRS tax returns after you marry. Some couples set up their tax duties in both methods to discover which works best for them. Even if you married on the final day of the tax year, you may submit your taxes as married.

Is there a “marriage tax penalty”?

The sole “marriage tax penalty” under current legislation pertains to persons with a high income (above $500,000 for singles and $600,000 for married couples). Single and married persons earning this much are taxed at 37%.

Consent for Medical Treatment

In medical settings, married persons may have special rights. Spouses often enjoy more access to their partner in the hospital. In most cases, spouses have the default right to make medical choices for their spouse if they become incompetent. If you want to officially nominate someone to make medical decisions for you, you may do so with a Living Will.

Property owned by the community

While your assets and debts remain yours when you marry, assets obtained after you marry may be subject to your state’s community property rules. If you divorce or die in a state with community property law, your ex or surviving spouse may be entitled to half of the marital property. Sign a Prenuptial Agreement and write a Will if you want to control how your possessions are divided.

Because marriage is governed by different state laws, it may be beneficial to consult with a lawyer regarding marriage laws in your state. If you do not want your marital results to be defined by default state laws, you may put in place arrangements such as a Prenuptial Agreement, Living Will, and Last Will and Testament to enable you circumvent your state rules. Begin for free right now!