As Atlanta Divorce attorneys, we often write about the four core topics of divorce, which include equitable distribution, alimony, child custody, and child support here on our Atlanta Divorce Attorney blog. However, before a marriage can be dissolved by divorce proceedings, there must be a valid marriage to begin with. Once a couple enters into a valid marriage, the institution of marriage confers certain benefits, rights, and protections on each person. Once those rights and benefits are conferred by marriage, a divorce is necessary to legally sever this relationship and determine the respective rights of the spouses once the marriage is dissolved. Just as the process to obtain a divorce varies from state to state, the rights and benefits conferred to couples upon marriage also vary. But, there are some benefits of marriage that widely applicable, these benefits typically include:
Tax Benefits: One of the most important financial benefits that comes along with marriage is the ability to file joint income tax returns with federal and state taxing authorities. The ability to file joint tax returns is important, because it allows couples to take advantage of tax deductions and other benefits not available to single individuals. And additional tax benefit derived from marriage includes the ability to create a "family partnership" under federal tax laws. Creating a "family partnership" allows families to divide business income among family members.
Estate Planning Benefits: Marriage also bestows very important estate planning benefits on married couples. Once married, spouses are entitled to inherit a share of the other spouse's estate, receive an exemption from both estate taxes and gift taxes for all property given to or bequeathed to the other spouse, and create life estate trusts that are restricted to married couples.
Government Benefits: Social Security, Medicare, disability benefits, and certain veterans' and military benefits are just a few example of the government benefits spouses may be entitled to on the account of the other spouse due to marriage.
Employment Benefits: Certain employment related benefits are another important benefit conferred by marriage. For example, spouses are able to obtain insurance benefits through the other spouse's employer, take family leave to care for the other spouse during an illness, and receive wages, workers' compensation, and retirement plan benefits for a deceased spouse.
Other Legal Benefits and Protections: In addition to the various types of marital benefits set out above, there are several other legal benefits and protections that are granted by marriage. This list is by no means exhaustive, but some of these other legal benefits and protections include: The ability to visit a spouse in a hospital intensive care unit or during restricted visiting hours in other parts of a medical facility, the ability to make medical decisions for a spouse if that spouse becomes incapacitated and unable to express wishes for treatment, the right to sue a third person for wrongful death of a spouse and loss of consortium, the right to claim the marital communications privilege during a court proceeding, and the ability to obtain immigration and residency benefits for a noncitizen spouse.