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The Marriage Test
By Johnette Duff, Fri Dec 9th
The Marriage Test By Johnette Duff, love and the law,www.loveandthelaw.com Love should not blind a couple to the realities of their legalstatus of husband and wife, for they are bound by an unwrittencontract of marriage governed by the laws of the federalgovernment, the state they live in and the decisions of thejudiciary. Every bride and groom must learn that the state is atthe altar with them. You would never sign a contract without reading it or seeking anattorney's advice. Those about to marry, however, have neverbeen told how important the fine print is. No options areoffered, no negotiation allowed, and no warranties extended,express or implied, when you say “I do.”
If all the terms were fully disclosed, who knows if you wouldsign on the dotted line without further negotiations? Take thetest below to evaluate your knowledge of the marriage contract. The Marriage Test Do you know how state law controls the property youacquire during your marriage? Do you know what interestthe state says your spouse has in the income-producing (i.e.interests, dividends, rents) assets you owned before marriage? If your spouse died without a will, do you know if yourstate would require you to share your marital estate with hisparents or siblings? Do you know how debts orobligations your spouse has before marriage can impact yourpocketbook after marriage? Do you know if your marriageis the victim, or potential victim, of the “marriage penaltytax” in the Internal Revenue Code? If you move into ahome that one of you already owns, do you know what the taxramifications of transferring title to a new spouse could be? Do you know what interest your state says your spousehas in any inheritance or personal injury award you receive? If you move to another state after your marriage, doyou know how the assets you own can be affected? If youand your spouse executed a will in one state but moved toanother, do you know what potential impact this could have onyour estate plan? If this is a remarriage for either ofyou, do you know how benefits from a prior marriage, such asalimony, social security benefits, pensions, retirementbenefits, medical insurance,
will be affected by your new legalstatus? If you or your spouse have children from aprior marriage, did you know that some states differentiatebetween children of a current marriage and children from a priormarriage when someone dies without a will? You may believe the idea of a premarital agreement isunromantic, but marriage itself is a contract between man, womanand the state. Often, it isn't until death or dissolution of therelationship that couples find how intrusive thestate-controlled marriage laws can be. The state's marriage contract is influenced by old-fashionedassumptions about the American family, assumptions that havelittle basis in today's reality. No matter how distasteful thiscontrol is, our intimate personal relationships are regulated byduties and responsibilities determined by the legislatures andthe courts. Marriage, even in the midst of the changes in our society today,is here to stay. For those whose faith in the institution ofmarriage remains hopeful, the secret to success is knowledge ofthe legal and financial ramifications of the union. An understanding of how assets acquired in marriage are owned,both during the marriage and upon death or dissolution, isfundamental. The fifty states are divided into separate andcommunity property states. However, within each state, the rulesvary widely and are continually reevaluated as society demands. Do you know what the laws of your state are? If not, check outloveandthelaw.com for an inexpensive and easy way to find out. The love and the law newsletter is written by Johnette Duff,Attorney at Law* Copyright 2004 by Johnette Duff Ms. Duff islicensed in the State of Texas www.loveandthelaw.com Attention attorneys, to advertise on loveandthelaw.com contactmailto:susyjsmith@aol.com If you would like to receive new articles please e-mail us atmailto:info@loveandthelaw.com About the author:Johnette Duff is the author of The Spousal Equivalent Handbook:a legal and financial guide to living together, The MarriageHandbook: a legal and financial guide to your spousal rights,and Love After 50: a legal and financial guide. Nationally, shehas appeared on Today, Good Morning America, CBS This Morningand in various publications promoting information on love andthe law. Ms. Duff has recently opened a web site titled, loveand the law.
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