Rights and Benefits
- Right to many of ex- or late
spouse's benefits, including:
- Social Security pension
- veteran's pensions, indemnity compensation for service-connected deaths, medical care, and nursing home care, right to burial in veterans' cemeteries, educational assistance, and housing
- survivor benefits for federal employees
- survivor benefits for spouses of longshoremen, harbor workers, railroad workers
- additional benefits to spouses of coal miners who die of black lung disease
- $100,000 to spouse of any public safety officer killed in the line of duty
- continuation of employer-sponsored health benefits
- renewal and termination rights to spouse's copyrights on death of spouse
- continued water rights of spouse in some circumstances
- payment of wages and workers compensation benefits after worker death
- making, revoking, and objecting to post-mortem anatomical gifts
- Right to benefits while married:
- employment assistance and transitional services for spouses of members being separated from military service; continued commissary privileges
- per diem payment to spouse for federal civil service employees when relocating
- Indian Health Service care for spouses of Native Americans (in some circumstances)
- sponsor husband/wife for immigration benefits
- Larger benefits under some
programs if married, including:
- veteran's disability
- Supplemental Security Income
- disability payments for federal employees
- medicaid
- property tax exemption for homes of totally disabled veterans
- income tax deductions, credits, rates exemption, and estimates
- Joint and family-related rights:
- joint filing of bankruptcy permitted
- joint parenting rights, such as access to children's school records
- family visitation rights for the spouse and non-biological children, such as to visit a spouse in a hospital or prison
- next-of-kin status for emergency medical decisions or filing wrongful death claims
- custodial rights to children, shared property, child support, and alimony after divorce
- domestic violence intervention
- access to "family only" services, such as reduced rate memberships to clubs & organizations or residency in certain neighborhoods
- Preferential hiring for spouses of veterans in government jobs
- Tax-free transfer of property between spouses (including on death) and exemption from "due-on-sale" clauses.
- Special consideration to spouses of citizens and resident aliens
- Spouse's flower sales count towards meeting the eligibility for Fresh Cut Flowers and Fresh Cut Greens Promotion and Information Act
- Threats against spouses of various federal employees is a federal crime
- Right to continue living on land purchased from spouse by National Park Service when easement granted to spouse
- Court notice of probate proceedings
- Domestic violence protection orders
- Existing homestead lease continuation of rights
- Regulation of condominium sales to owner-occupants exemption
- Funeral and bereavement leave
- Joint adoption and foster care
- Joint tax filing
- Insurance licenses, coverage, eligibility, and benefits organization of mutual benefits society
- Legal status with stepchildren
- Making spousal medical decisions
- Spousal non-resident tuition deferential waiver
- Permission to make arrangements for burial or cremation
- Right of survivorship of custodial trust
- Right to change surname upon marriage
- Right to enter into prenuptial agreement
- Right to inheritance of property
- Spousal privilege and confidential marriage communications
Responsibilities
- Spousal income and assets are
counted in determining need in many
forms of government assistance,
including:
- veteran's medical and home care benefits
- housing assistance
- housing loans for veterans
- child's education loans
- educational loan repayment schedule
- agricultural price supports and loans
- eligibility for federal matching campaign funds
- Ineligible for National Affordable Housing program if spouse ever purchased a home:
- Subject to conflict-of-interest rules for many government and government-related jobs
- Ineligible to receive various survivor benefits upon remarriage
Ambiguous
There are some laws that either benefit or penalize married couples over single people, depending upon their own circumstances:
- marriage penalty/bonus
- someone working for their spouse cannot be defined as an "employee"
- someone cannot change beneficiaries in a retirement plan or from waiving the joint and survivor annuity form of retirement benefit, without the written consent of his or her spouse
- wages can be garnished at a maximum of 60% (instead of the normal 25% limit) if the garnishing is for alimony or child support
States
In addition, community-property states frequently have forms of ownership that allow a full basis step-up on one's own share of community property on the death of a spouse (in addition to the normal step-up on spouse's assets).