Federal Benefits to Marriage in the United States

In 2003, in preparation for the Defense of Marriage Act, the Government Accountability Office found 1,138 federal statutory provisions in which marital status is a factor in determining or receiving benefits, rights, and privileges. Here are a few.

TAX BENEFITS

·        Filing joint income tax returns with the IRS and state taxing authorities.

·        Creating a "family partnership" under federal tax laws, which allows you to divide business income among family members.

ESTATE PLANNING BENEFITS 

·        Inheriting a share of your spouse's estate.

·        Receiving an exemption from both estate taxes and gift taxes for all property you give or leave to your spouse.

·        Creating life estate trusts that are restricted to married couples.

·        Obtaining priority if your spouse needs someone to make financial or medical decisions on your spouse's behalf.

GOVERNMENT BENEFITS

·        Receiving Social Security, Medicare, and disability benefits for spouses.

·        Receiving veterans' and military benefits for spouses, such as those for education, medical care, or special loans.

·        Receiving public assistance benefits.

EMPLOYMENT BENEFITS

·        Obtaining insurance benefits through a spouse's employer.

·        Taking family leave to care for your spouse during an illness.

·        Receiving wages, workers' compensation, and retirement plan benefits for a deceased spouse.

·        Taking bereavement leave if your spouse or one of your spouse's close relatives dies.

 

MEDICAL BENEFITS 

·        Visiting your spouse in a hospital intensive care unit or during restricted visiting hours in other parts of a medical facility.

·        Making medical decisions if your spouse becomes incapacitated and unable to express wishes for treatment.

DEATH BENEFITS

·        Consenting to after-death examinations and procedures.

·        Making burial or other final arrangements.

FAMILY BENEFITS

·        Filing for stepparent or joint adoption.

·        Applying for joint foster care rights.

·        Receiving a share of marital property if you divorce.

·        Receiving spousal or child support, child custody, and visitation if you divorce.

 

HOUSING BENEFITS

·        Living in neighborhoods zoned for "families only."

·        Automatically renewing leases signed by your spouse.

CONSUMER BENEFITS

·        Receiving family rates for health, homeowners', auto, and other types of insurance. 

·        Receiving tuition discounts and permission to use school facilities.

·        Other consumer discounts and incentives offered only to married couples or families.

OTHER LEGAL BENEFITS AND PROTECTIONS

·        Suing a third person for wrongful death of your spouse and loss of consortium (loss of intimacy).

·        Claiming the marital communications privilege, which means a court can't force you to disclose the contents of confidential communications made between you and your spouse during your marriage.

·        Receiving crime victims' recovery benefits if your spouse is the victim of a crime.

·        Obtaining immigration and residency benefits for noncitizen spouse.

·        Visiting rights in jails and other places where visitors are restricted to immediate family.