Legal consequences when you “take the plunge”

by Sally Gilbert
Legal Columnist

Should you get married? That question takes on a whole new meaning now that every person has a right to marry anywhere in the United States and twenty countries. There are many legal consequences of marriage. It is easy to forget that marriage is both an emotional bond and a legally binding contract.

Here is a very simple summary of the legal consequences of marriage. There are exceptions to the general rules but basically:

One spouse cannot completely disinherit the other spouse by will or trust. The surviving spouse gets a portion of the estate depending on several factors: who the other heirs are, whether the couple had children together, and whether the property was acquired during the marriage.

The surviving spouse is automatically the beneficiary of the deceased’s 401k retirement fund unless that spouse signed a document explicitly giving up his or her rights to the retirement.

If the couple divorces, they have to split the property acquired during their marriage. This marital property means all the furniture, appliances, pets, boats, etc. are open to division. Even your favorite chair, the dog you always fed and exercised, the boat you lovingly refurbished, the painting your spouse didn’t even like, go in the marital pot. The judge may decide you get to keep that expensive painting but give your spouse credit for one-half of its value. If you own a business, the business assets may be subject to division. One of the spouses can be ordered to pay alimony and/or child support. All debt acquired during the marriage has to be allocated between the spouses.

A married couple usually saves tax dollars by filing a joint return. If a couple files a joint return, they are both on the hook for any unpaid taxes.

The surviving spouse qualifies for social security survivor’s benefits. If deceased spouse earned more, the survivor gets the higher benefit. Even after divorce, a spouse may qualify for the ex’s social security if the couple was married for at least 10 years.

A spouse may be eligible for health insurance through the spouse’s employer. Health insurance companies often offer lower family rates.

A married couple can now adopt children as a couple. Before same-sex marriage was recognized, Oklahoma allowed only one of the partners to adopt.

No longer can a misguided family member bar a same-sex partner from visiting his or her loved one in the hospital if they are legally married.

Immigration rules are different for single versus married people. Once gay marriage became legal, a married illegal resident became eligible for legal status in the US. The citizen spouse can apply for a green card for the undocumented spouse. Even an immigrant being held for deportation became eligible for a green card once the couple’s marriage was legally recognized.

A spouse can legally refuse to testify against the other without risk of being jailed for contempt of court.

Marriage carries wonderful benefits and significant legal obligations. At least now you, not the State of Oklahoma, gets to decide whether to take the plunge.

The Gayly – August 7, 2015 @ 11am.