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Whether or not you favor marriage as a social institution, there's no
denying that it confers many rights, protections, and benefits -- both
legal and practical. Some of these vary from state to state, but the
list typically includes:
Tax Benefits
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Filing joint income tax returns with the IRS and state taxing
authorities.
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Creating a "family partnership" under federal tax laws,
which allows you to divide business income among family members.
Estate Planning Benefits
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Inheriting a share of your spouse's estate.
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Receiving an exemption from both estate taxes and gift
taxes for all property you give or leave to your spouse.
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Creating life estate trusts that are restricted to married
couples, including QTIP trusts, QDOT trusts, and
marital deduction trusts.
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Obtaining priority if a conservator needs to be appointed
for your spouse -- that is, someone to make financial and/or medical
decisions on your spouse’s behalf.
Government Benefits
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Receiving Social Security, Medicare, and disability
benefits for spouses.
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Receiving veterans' and military benefits for spouses, such as
those for education, medical care, or special loans.
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Receiving public assistance benefits.
Employment Benefits
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Obtaining insurance benefits through a spouse's employer.
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Taking family leave to care for your spouse during an illness.
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Receiving wages, workers' compensation, and retirement plan
benefits for a deceased spouse.
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Taking bereavement leave if your spouse or one of your spouse’s
close relatives dies.
Medical Benefits
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Visiting your spouse in a hospital intensive care unit or during
restricted visiting hours in other parts of a medical facility.
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Making medical decisions for your spouse if he or she becomes
incapacitated and unable to express wishes for treatment.
Death Benefits
Family Benefits
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Filing for stepparent or joint adoption.
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Applying for joint foster care rights.
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Receiving equitable division of property if you divorce.
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Receiving spousal or child support, child custody, and
visitation if you divorce.
Housing Benefits
Consumer Benefits
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Receiving family rates for health, homeowners', auto, and other
types of insurance.
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Receiving tuition discounts and permission to use school
facilities.
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Other consumer discounts and incentives offered only to married
couples or families.
Other Legal Benefits and Protections
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Suing a third person for wrongful death of your spouse and
loss of consortium (loss of intimacy).
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Suing a third person for offenses that interfere with the success
of your marriage, such as alienation of affection and criminal
conversation (these laws are available in only a few states).
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Claiming the marital communications privilege, which means a court
can’t force you to disclose the contents of confidential
communications between you and your spouse during your marriage.
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Receiving crime victims' recovery benefits if your spouse is the
victim of a crime.
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Obtaining domestic violence protection orders.
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Obtaining immigration and residency benefits for noncitizen
spouse.
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Visiting rights in jails and other places where visitors are
restricted to immediate family.
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