Junior Rasmussen
Getting married is a significant life event that comes with a host of legal implications. While the wedding ceremony itself is often the main focus of a couple's attention, there are numerous legal requirements that must be fulfilled for a marriage to be legally valid. These requirements vary depending on the state and country in which the marriage takes place, but typically include obtaining a marriage license, fulfilling age and competency criteria, and ensuring the marriage is solemnized by an authorized official. Once legally married, couples gain access to a range of rights and benefits, including tax advantages, inheritance rights, and government benefits such as Social Security and Medicare. They also take on certain legal and financial responsibilities, such as the option to change their name, add their spouse to insurance policies, and update estate planning documents. While the process of getting legally married is relatively standardized, each jurisdiction has its own unique nuances, and couples should familiarize themselves with the specific requirements of their chosen wedding location.
| Characteristics | Values |
|---|---|
| Legality | Couples are legally married after the wedding, but they need to obtain a marriage certificate, which is received after the wedding |
| Marriage license | Required before the wedding in some states, e.g. North Carolina |
| Rights and benefits | Tax benefits, inheritance rights, government benefits, health insurance, bereavement leave, etc. |
| Responsibilities | Adding a spouse to accounts, updating insurance coverage, changing names, etc. |
| Common law marriage | Recognized in some states, but couples must still file for divorce if they separate |
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What You'll Learn
Marriage license and certificate
A marriage license is a legal document that a couple obtains before getting married. It proves that you are legally able to marry and is a prerequisite for marriage. Both parties must intend to marry, must not be currently married to anyone else, and must be able to understand their actions. Both parties must be at least 18 years old, unless specific requirements for minors are met. The parties cannot be more closely related than first cousins, and cannot be double first cousins. Typically, you'll need to provide proof of identity, such as a driver's license or passport, and you may need a birth certificate. Some states even require a witness for the marriage license application, so you may need to ask a family member or friend to be present.
Marriage licenses must be filed in the county in which the marriage will take place, and they have an expiration date, typically between 30 days to 60 days from issuance, depending on the state. If your license expires before your wedding, you will need to apply for a new one.
After the wedding, the couple receives a marriage certificate, which proves that the marriage took place. This is usually sent by mail and may take a few weeks to arrive. It is important to check that the information on the certificate is complete and accurate. Certified copies of the marriage certificate may be required for certain processes, such as changing one's name after marriage.
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Changing your name
Once you have your marriage certificate, the next step is to change your name with the Social Security Administration (SSA). This is crucial as your name change is not legally valid until you update it with the SSA. You can use Form SS-5 to apply for a name change on your Social Security card, and you will need to submit this form along with a certified copy of your marriage certificate, a valid identity document, and sometimes proof of citizenship or lawful residence status.
After updating your name with the SSA, you can proceed to change your name on other important documents such as your passport, driver's license, and other identification cards. You may also need to update your name with your employer, bank, insurance providers, and any other relevant organizations or institutions. It is important to remember that different organizations may have their own specific requirements and processes for name changes, so be sure to inquire and follow their instructions accordingly.
Additionally, changing your name may impact various insurance policies, including health, homeowners', renters', car, and life insurance. Review your policies and update your information as necessary. Changing your name after marriage can be a tedious process, but staying organized and proactive will help ensure a smooth transition.
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Insurance and taxes
Marriage can bring about significant changes in a couple's insurance and tax situation. Here are some key considerations:
Insurance
Insurance companies may offer lower rates to married couples. This is because statistics show that married couples tend to be more cautious and file fewer claims. Auto and homeowners insurance companies often provide discounts, with the impact being greater for younger individuals. Home insurance companies may offer a flat discount upon marriage, and married couples also benefit from substantial discounts on long-term care insurance. Marriage is also a qualifying life event that allows you to change or add your spouse to your health insurance plan.
Taxes
The tax implications of marriage can be complex, with both benefits and potential drawbacks. One of the main advantages is the ability to file taxes jointly, which is often simpler and can lead to increased tax credits and deductions. When filing jointly, if there is a significant difference between spouses' incomes, their combined income may fall into a lower tax bracket than if the higher-earning spouse filed as single. This can result in a lower overall tax bill. Additionally, married couples can benefit from estate and gift tax savings, such as increased estate tax exemptions and tax-free gifts between spouses. They can also make IRA contributions to separate or joint IRAs.
However, there is a potential “marriage penalty” where high-earning couples without children may face higher federal taxes than if they were single. This occurs at the very low and very high ends of the income spectrum. Additionally, low-income couples claiming certain tax credits may also face a marriage penalty. It is important to carefully consider tax implications before and after marriage, including updating names and addresses with the relevant authorities.
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Marriage benefits
Marriage brings about a change in life in many ways and comes with several legal, financial, and emotional benefits.
Legal Benefits
Marriage is presumed under the law to create an economic partnership. This means that if one spouse spends a significant amount of time on their career while the other focuses on raising children, the non-monied spouse will be compensated by dividing assets fairly between the spouses should the marriage end. Spousal support or alimony may also be owed to the partner. A prenuptial or postnuptial agreement can help protect assets to some degree and outline the details of such proceedings in the event of a divorce.
Marriage also brings about several rights, such as the right to take bereavement leave from your job if your spouse dies, and the right to make medical decisions if your spouse becomes incapacitated and unable to express their wishes for treatment.
Financial Benefits
There are several financial benefits to marriage. These include:
- Filing joint income tax returns with the IRS and state taxing authorities
- Creating a "family partnership" under federal tax laws, allowing the division of business income among family members
- Obtaining insurance benefits through a spouse's employer
- Receiving Social Security, Medicare, and disability benefits for spouses
- Receiving veterans' and military benefits for spouses, such as those for education, medical care, or special loans
- Receiving public assistance benefits
- Receiving wages, workers' compensation, and retirement plan benefits for a deceased spouse
- Receiving spousal support if the marriage ends but lasted at least 10 years
- Sharing financial accounts and having a consolidated view of the couple's total income and expenses
- Streamlining and simplifying finances, from IRA benefits to social security to mortgages
Emotional Benefits
While not exclusive to legally married couples, the emotional support and intimacy that come with a healthy partnership can result in the body's release of chemicals and neurotransmitters like serotonin and oxytocin, which are known to help maintain and regulate mood.
Other Benefits
Other benefits of marriage include:
- Changing one's name legally
- Adding one's spouse to accounts, such as health insurance policies
- Updating estate planning documents
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Common-law marriage
In the United States, couples are required to obtain a marriage license before their wedding. After the wedding, they will receive a marriage certificate. Once married, couples are legally joined and may be eligible for certain benefits, such as tax and inheritance benefits, and alimony and child support in the event of a divorce. They may also need to complete some paperwork, such as changing their name legally, adding their spouse to their insurance, and updating estate planning documents.
In some jurisdictions, common-law marriage, also known as non-ceremonial marriage, informal marriage, or marriage by habit and repute, is a valid way for a couple to marry without a marriage license or ceremony. Instead, a common-law marriage occurs when two people who are legally capable of being married and who intend to be married live together and hold themselves out to the world as a married couple. Not all jurisdictions permit common-law marriage, but those that do not will typically respect the validity of such a marriage lawfully entered into in a state or country where it is permitted. For example, common-law marriage is recognized in Texas but not in North Carolina or Scotland.
The concept of common-law marriage originated from ancient practices where marriage was a private agreement between individuals, without the involvement of civil or religious officials. In medieval Europe, canon law recognized marriages as valid even without any witnesses, as long as the parties stated they took each other as husband and wife. However, the Catholic Church later forbade clandestine marriages, requiring them to be announced in a church by a priest. Over time, various jurisdictions introduced specific requirements for marriages, such as the presence of witnesses or an authorized officiant.
While the term "common-law marriage" is often used to describe cohabitation or other legally formalized relationships, these are not legally recognized as marriages. In some places, couples in marriage-like relationships may be granted certain rights and responsibilities similar to those of married spouses, but they are not considered legally married. For example, in Canada, couples in common-law relationships may be treated as "unmarried spouses" for tax and financial purposes.
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Frequently asked questions
A marriage license is what you obtain before your wedding to get married, while a marriage certificate is what you receive after your wedding.
After getting married, you should consider things like legally changing your name, adding your spouse to accounts, updating insurance coverage, and updating estate planning documents.
Marriage creates many legal rights and obligations, including in the areas of property, financial obligations, inheritance, and taxes. You will also receive federal benefits that are not available to unmarried couples in domestic partnerships or civil unions.
Ceremonies conducted in other states or by designated people in foreign countries are recognized as valid in Massachusetts. To provide proof of your marriage or get new IDs, follow the same process with your out-of-state marriage certificate, and take any additional steps to convert an out-of-state license.
Couples getting married in North Carolina must get a marriage license before the wedding. Both parties must intend to marry, must not be currently married to anyone else, must be at least 18 years old, must not be more closely related than first cousins, and must be able to understand their actions.
