Marriage is not just a personal and emotional commitment; it’s also a legal contract that carries significant financial, legal, and personal consequences.
While it’s easy to get swept up in the excitement of planning a wedding, it’s equally important to address the legal aspects of marriage to ensure that both partners are on the same page about their rights, responsibilities, and future.
This article will walk you through the 10 critical legal considerations that every couple should take into account before saying, “I do.”
10 Legal Considerations for Getting Married
Here are the 10 legal facts that you should consider before getting married.
1. Understand Marriage License Requirements
Before having their wedding ceremony, a couple must obtain a marriage license, which is a legal document granting them permission to wed.
In the eyes of the law, marriage isn’t official until the couple has secured and filed their marriage license. The process of obtaining a license varies by location and jurisdiction but generally involves submitting identification, proof of residency, and other required documentation.
Jurisdiction-Specific Requirements
Every state, province, or country has its own rules regarding marriage licenses. Some jurisdictions require couples to apply for a license several days or weeks before the wedding, while others may issue a license on the same day.
Additional requirements, such as waiting periods, blood tests, or age restrictions, may apply depending on your location. In some places, minors who want to marry need parental consent or even a court order.
It’s critical to verify the marriage license requirements specific to your jurisdiction well in advance to avoid any delays or complications on your wedding day.
2. Discuss Prenuptial Agreements
A prenuptial agreement, or prenup, is a legally binding contract that outlines how a couple’s assets will be divided in the event of a divorce or death.
While discussing a prenup may not seem romantic, it is a practical way to protect both parties’ financial interests.
Prenups can also outline financial responsibilities during the marriage, such as how debts will be managed and whether spousal support (alimony) will be paid in case of a split.
Situations Where a Prenup is Essential
A prenup is particularly important if:
- One or both partners have significant assets or business interests.
- One spouse has children from a previous relationship.
- There is a significant income disparity between the partners.
- One or both parties have accumulated substantial debts.
Prenuptial agreements are not about anticipating failure in a marriage but rather ensuring that both parties are protected in case the relationship ends unexpectedly. It’s recommended that each party has their own legal representation when drafting a prenup to ensure that the agreement is fair and legally sound.
3. Understand Property and Asset Division Laws
Understanding how assets will be divided in the event of a divorce is crucial. In community property states (such as California, Texas, and Arizona), any assets acquired during the marriage are generally considered jointly owned and are divided 50/50 upon divorce.
This includes income, real estate, and debts incurred during the marriage.
In contrast, common law states (the majority of U.S. states) follow the principle of “equitable distribution,” meaning property is divided fairly, though not necessarily equally.
The name on the title or deed determines ownership, but the court may also take into account other factors, such as the financial contributions made by each spouse, the length of the marriage, and potential future earnings.
Protecting Individual Property
To avoid disputes over property division, it’s essential to have a clear understanding of which assets belong to each spouse.
Couples can protect their individual assets through a prenuptial agreement, which explicitly states which assets will remain separate. Without this, property division laws in your state will dictate how assets are split, and this may not align with your personal wishes.
4. Decide on a Name Change
Changing your name after marriage is a common tradition, but it’s entirely optional. If you decide to change your name, there’s a legal process that follows. You’ll need to file for a name change with several entities, including:
- Social Security Administration: Updating your Social Security card.
- Driver’s License: Getting a new license with your married name.
- Passport: If you plan to travel, update your passport with your new name.
- Bank Accounts and Credit Cards: Update financial institutions with your new name.
The legal process may vary by jurisdiction, but it usually requires submitting a certified copy of your marriage certificate along with the appropriate application forms.
Cultural and Practical Considerations
While some choose to adopt their spouse’s last name, others may opt to hyphenate both names or create a completely new family name.
Additionally, professional women and men who have established a name in their careers might choose to retain their maiden names for work purposes. The decision is personal, but it’s important to weigh both cultural and practical considerations before making this choice.
5. Know Your Tax Implications
Getting married can significantly impact your taxes, and it’s important to understand the changes before your first tax filing as a married couple. After marriage, you’ll have the option to file as Married Filing Jointly or Married Filing Separately.
Filing jointly is often more beneficial as it can result in a lower tax rate, higher deductions, and more credits, such as the Earned Income Tax Credit or Child Tax Credit.
However, in some cases, such as when one spouse has significant medical expenses or student loans, filing separately may be more advantageous.
Consult with a tax professional to understand which option works best for your financial situation.
Adjust Your Withholdings and Update Beneficiaries
Once married, you’ll need to update your W-4 form with your employer to adjust tax withholdings based on your new filing status.
Additionally, updating the beneficiaries on your retirement accounts, life insurance policies, and wills is essential to ensure that your spouse is legally recognized as your beneficiary.
6. Understand Spousal Support (Alimony) Laws
Spousal support, or alimony, is a legal obligation for one spouse to provide financial support to the other after a divorce. This is typically awarded when there is a significant income disparity between spouses, and it helps the lower-earning spouse maintain a similar standard of living post-divorce.
How Spousal Support is Determined
Courts consider several factors when determining alimony:
- The length of the marriage.
- The financial need of the receiving spouse.
- The paying spouse’s ability to provide support.
- The standard of living established during the marriage.
Alimony can be temporary or permanent, depending on the circumstances. Understanding your state’s alimony laws before getting married will give you a better idea of your financial responsibilities should the marriage end.
7. Health Insurance and Other Benefits
One of the benefits of getting married is the ability to add your spouse to your employer-sponsored health insurance plan.
Many companies allow employees to add spouses within a 30-day window after the marriage, which could result in significant savings on medical, dental, and vision coverage. Compare the benefits offered by each spouse’s employer to determine which plan offers the best coverage and cost.
Review Life Insurance, Retirement, and Other Benefits
In addition to health insurance, marriage may impact other benefits such as life insurance, retirement plans, and pension benefits. Many companies automatically assign spouses as beneficiaries to these plans, but it’s essential to review and update them.
This is particularly important if either spouse has existing beneficiaries from a previous relationship.
8. Estate Planning and Inheritance
Once married, updating your will and estate planning documents is crucial. Your spouse will likely become your primary heir, and it’s important to ensure that your will reflects this new reality. Without a will, state intestacy laws will determine how your estate is distributed, which may not align with your wishes.
Consider a Trust or Other Estate Planning Tools
If you have significant assets, children from a previous marriage, or specific inheritance plans, you may want to consider establishing a trust. Trusts provide greater control over how assets are distributed after your death and can help avoid probate.
Consulting an estate planning attorney is the best way to ensure your spouse and any other beneficiaries are legally protected.
9. Joint Debt and Credit Considerations
Marriage can affect your financial health, especially when it comes to debt. Debts that one spouse incurred before marriage typically remain their responsibility, but debts incurred during the marriage (such as joint loans or credit card debt) are often considered joint liabilities, regardless of whose name is on the account.
In community property states, this is especially true, as debts incurred during the marriage are automatically considered shared.
Discuss Financial Habits and Obligations
Before getting married, have an open and honest conversation about each other’s financial habits, existing debt, and financial goals. Transparency helps both partners align their financial expectations and avoid surprises that could cause strain on the relationship.
A strong financial plan can set the foundation for a successful marriage, whether it involves joint or separate accounts, debt management, or savings goals.
10. Immigration and Residence Concerns (for International Couples)
If one spouse is a non-citizen, the legal implications of marriage are more complex. In many cases, marrying a U.S. citizen can help a non-citizen obtain a green card or permanent residency.
However, this process involves extensive paperwork, interviews, and background checks to prove the legitimacy of the marriage.
Immigration Process and Potential Challenges
It’s important to start the immigration process as soon as possible to avoid delays. The legal process for obtaining residency can be lengthy and requires significant documentation, including proof of the relationship, financial stability, and the intention to build a life together.
Consulting with an immigration attorney will help you navigate the complexities of the process and ensure you meet all the legal requirements.
Conclusion: Protecting Your Future with Legal Preparation
Marriage is one of the most significant milestones in life, both emotionally and legally. Understanding the legal considerations surrounding marriage ensures that you and your spouse are prepared for any potential challenges.
From prenuptial agreements and property division to tax implications and estate planning, taking the time to address these legal matters before getting married can prevent future disputes and provide peace of mind.
By planning ahead and consulting legal professionals when necessary, couples can build a marriage based on transparency, trust, and legal clarity, ensuring their personal and financial futures are protected.
