Rights and Responsibilities of Marriages in The United States - Rights and Benefits

Rights and Benefits

• 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
  • wages of an employee working for one's spouse are exempt from federal unemployment tax
• 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
• 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 funeral arrangements for a deceased spouse, including 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 in court cases (the marital confidences privilege and the spousal testimonial privilege)
• For those divorced or widowed, the 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