RIGHT OF SPOUSE
Definition of Spouse
(a) a single woman who has cohabited with
a single man as if she were in law his wife for a period of not less than five
years;
a single man as if she were in law his wife for a period of not less than five
years;
(b) a single man who has cohabited with a
single woman as if he were in law her husband for a period of not less than
five years, immediately preceding the institution of proceedings
under this Act or the termination of cohabitation, as the case may be.
single woman as if he were in law her husband for a period of not less than
five years, immediately preceding the institution of proceedings
under this Act or the termination of cohabitation, as the case may be.
The terms “single woman” and
“single man” used with reference to the definition of
“spouse” include widow or widower, as the case may be, or a divorcee.
“single man” used with reference to the definition of
“spouse” include widow or widower, as the case may be, or a divorcee.
All spouses have certain rights, but
they’re usually not enforceable without court intervention. Before the court
can act, you must initiate a lawsuit against your husband. After you’ve
filed a petition for divorce or for legal separation, a judge can enter orders
to protect you and your interests. You can ask the court to order your husband
to do something while your divorce is pending or to make him stop doing
something.
they’re usually not enforceable without court intervention. Before the court
can act, you must initiate a lawsuit against your husband. After you’ve
filed a petition for divorce or for legal separation, a judge can enter orders
to protect you and your interests. You can ask the court to order your husband
to do something while your divorce is pending or to make him stop doing
something.
Marriage Rights
Marriage laws vary some among states, but
the following is a list of commonly-given rights by both federal and state law:
the ability to file joint federal and state tax returns; open joint bank
accounts; receive a “marriage rate” or “family rate” discount on life, health,
car, and/or liability insurance; the right to sue third parties for wrongful
death or loss of consortium of a spouse; the right to inherit a spouses
property without going through probate; the right to receive a spouses state
and federal benefits, such as social security, pensions, public assistance,
disability, workers compensation, and unemployment; the right to make medical
decisions on behalf of a disabled spouse; joint parenting rights; and legal
status wit step children.
the following is a list of commonly-given rights by both federal and state law:
the ability to file joint federal and state tax returns; open joint bank
accounts; receive a “marriage rate” or “family rate” discount on life, health,
car, and/or liability insurance; the right to sue third parties for wrongful
death or loss of consortium of a spouse; the right to inherit a spouses
property without going through probate; the right to receive a spouses state
and federal benefits, such as social security, pensions, public assistance,
disability, workers compensation, and unemployment; the right to make medical
decisions on behalf of a disabled spouse; joint parenting rights; and legal
status wit step children.
Marriage Obligations
There are certain obligations that come
with marriage as well. Some of these obligations may not be contracted out of. For
instance, many states have statutes that require a couple who enter a marriage
to provide each other obligations of mutual respect. Another
commonly codified obligation is the fiduciary duty owed to a spouse. A marriage
is a confidential relationship, and therefore there is a duty to act in the
highest good faith and fair dealing in any transaction between the spouses. For
instance, you may not perpetrate a fraud on your spouse or unduly influence
them into signing a contract. These are both examples of obligations that a
spouse may not opt out of.
with marriage as well. Some of these obligations may not be contracted out of. For
instance, many states have statutes that require a couple who enter a marriage
to provide each other obligations of mutual respect. Another
commonly codified obligation is the fiduciary duty owed to a spouse. A marriage
is a confidential relationship, and therefore there is a duty to act in the
highest good faith and fair dealing in any transaction between the spouses. For
instance, you may not perpetrate a fraud on your spouse or unduly influence
them into signing a contract. These are both examples of obligations that a
spouse may not opt out of.
Spousal inheritance rights
The amount of the surviving spouse’s legal
right share depends on two factors:
right share depends on two factors:
1. whether or not there is a valid will
2. whether or not the deceased spouse has
any children.
any children.
You are entitled to the whole estate if:
1. there is no will or the will is
invalid, an
invalid, an
2. the deceased spouse has no children or
grandchildren.
grandchildren.
You are entitled to two-thirds of the
estate if:
estate if:
1. there is no valid will, and
2. the deceased spouse has children or
grandchildren.
grandchildren.
You are entitled to one-half of the estate
if:
if:
1. there is a valid will, and
2. the deceased spouse has no children or
grandchildren.
grandchildren.
You are entitled to one-third of the
estate if:
estate if:
1. there is a valid will, and
2. the deceased spouse has children or
grandchildren.
grandchildren.
If you are the surviving spouse, you must
be informed of this right and should apply for your legal right share as soon
as possible. You may require that the family home be given to you in
satisfaction of your legal right share, even if the home was left to another
person under the will. If the family home is worth more than the legal right
share, you will normally have to pay the difference into the deceased’s
estate.
be informed of this right and should apply for your legal right share as soon
as possible. You may require that the family home be given to you in
satisfaction of your legal right share, even if the home was left to another
person under the will. If the family home is worth more than the legal right
share, you will normally have to pay the difference into the deceased’s
estate.
However, in cases of hardship, you may
apply to the court to have the dwelling house given to you either without
paying the difference or by paying such sum as the court thinks reasonable.
apply to the court to have the dwelling house given to you either without
paying the difference or by paying such sum as the court thinks reasonable.
Children’s inheritance rights
Both marital and non-marital children have
equal rights to inherit from their parents. However, non-marital children may
have the additional burden of having to prove paternity if it is disputed.
Children’s inheritance rights may be affected by their deceased parent’s
marital status.
equal rights to inherit from their parents. However, non-marital children may
have the additional burden of having to prove paternity if it is disputed.
Children’s inheritance rights may be affected by their deceased parent’s
marital status.
The children (minor and adult) are
entitled to the entire estate divided equally between them if:
entitled to the entire estate divided equally between them if:
1. there is no will or the will is
invalid, and
invalid, and
2. the deceased parent is not married or
his/her spouse is already dead.
his/her spouse is already dead.
But the children are only entitled to
one-third of the estate divided equally between them if:
one-third of the estate divided equally between them if:
1. there is no valid will or the will is
invalid, and
invalid, and
2. the deceased parent is married and is
survived by his/her spouse.
survived by his/her spouse.
Children have no absolute right to inherit
their parent’s estate if the deceased parent has made a valid will. However, if
a child considers that he/she has not been adequately provided for, he/she may
make an application to court. The child need not be a minor or be dependent in
order to use this procedure. The court has to decide if the parent has
“failed in his moral duty to make proper provision for the child in
accordance with his means”. Each case is decided on its merits and the
court looks at the situation from the point of view of a “prudent and just”
parent. Anyone considering challenging a will on these grounds should get legal
opinion before applying to the court.
their parent’s estate if the deceased parent has made a valid will. However, if
a child considers that he/she has not been adequately provided for, he/she may
make an application to court. The child need not be a minor or be dependent in
order to use this procedure. The court has to decide if the parent has
“failed in his moral duty to make proper provision for the child in
accordance with his means”. Each case is decided on its merits and the
court looks at the situation from the point of view of a “prudent and just”
parent. Anyone considering challenging a will on these grounds should get legal
opinion before applying to the court.
The constitution has provided many rights
to married women. Some of the key rights are:
to married women. Some of the key rights are:
1. Right
to Streedhan – A wife has ownership rights to all her streedhan, that
is the gifts and money given to her before and after marriage. The ownership
rights to streedhan belong to the wife, even if it is placed in the
custody of her husband or her in-laws.
to Streedhan – A wife has ownership rights to all her streedhan, that
is the gifts and money given to her before and after marriage. The ownership
rights to streedhan belong to the wife, even if it is placed in the
custody of her husband or her in-laws.
2. Right to residence – A wife has the right to reside in
the matrimonial household where her husband resides, irrespective of whether it
is an ancestral house, a joint family house, a self-acquired house or a rented
house.
the matrimonial household where her husband resides, irrespective of whether it
is an ancestral house, a joint family house, a self-acquired house or a rented
house.
3. Right to a committed relationship – A Hindu husband cannot have an
affair or marry another girl unless he is legally divorced. A husband can be
charged of adultery if he is in a relationship with another married woman. His
wife also has the right to file for divorce on the grounds of his extra-marital
relationship.
affair or marry another girl unless he is legally divorced. A husband can be
charged of adultery if he is in a relationship with another married woman. His
wife also has the right to file for divorce on the grounds of his extra-marital
relationship.
4. Right to live with dignity &
self respect – A
wife has the right to live her life with dignity and to have the same lifestyle
that her husbands and in-laws have. She also has the right to be free of mental
and physical torture.
self respect – A
wife has the right to live her life with dignity and to have the same lifestyle
that her husbands and in-laws have. She also has the right to be free of mental
and physical torture.
5. Right to maintenance by husband – A wife is entitled to claim decent
living standards & basic comforts of life by her husband as per his
living standards.
living standards & basic comforts of life by her husband as per his
living standards.
6. Right to child maintenance – Husband and wife must provide for
their minor child. If the wife is incapable of earning a living, the husband
must provide financial support. If both the parents are financially incapable,
then they can seek help from the grandparents to maintain the child. A minor
child also has the right to seek partition in ancestral property.
their minor child. If the wife is incapable of earning a living, the husband
must provide financial support. If both the parents are financially incapable,
then they can seek help from the grandparents to maintain the child. A minor
child also has the right to seek partition in ancestral property.
Property rights of a wife in Islam
In the famous Shah Bano case, the Supreme
Court had held that in case of a divorce, it is the responsibility of the
husband to make reasonable and fair provision to maintain his former wife even
after separation under Section 3 (1Ha) of the Muslim Women (Protection of
Rights on Divorce) Act, 1986. This period extends beyond iddat as the woman
retains control over her goods and properties.
Court had held that in case of a divorce, it is the responsibility of the
husband to make reasonable and fair provision to maintain his former wife even
after separation under Section 3 (1Ha) of the Muslim Women (Protection of
Rights on Divorce) Act, 1986. This period extends beyond iddat as the woman
retains control over her goods and properties.
Upon Divorce
Muslim woman : Violating Articles 14 and 15 of the
Constitution which guarantee equality before the law and no discrimination on
the basis of gender, religion or caste, a Muslim woman can’t do much if she has
been divorced by her husband. Her husband is liable to maintain her
during the iddat. In Danial Latifi vs Union of India, the SC has held that
Section 3 of “Muslim Women Protection of Rights on Divorce Act”
entitles that maintenance can be granted beyond iddat period. It also said that
a Muslim woman can seek maintenance from her ex-husband under Section 125 CrPC,
till she remarries. But, the Shariat says that accepting or offering
maintenance beyond Iddat period is haraam (illegitimate) as all relationship
between man and woman cease after the end of iddat period.
Constitution which guarantee equality before the law and no discrimination on
the basis of gender, religion or caste, a Muslim woman can’t do much if she has
been divorced by her husband. Her husband is liable to maintain her
during the iddat. In Danial Latifi vs Union of India, the SC has held that
Section 3 of “Muslim Women Protection of Rights on Divorce Act”
entitles that maintenance can be granted beyond iddat period. It also said that
a Muslim woman can seek maintenance from her ex-husband under Section 125 CrPC,
till she remarries. But, the Shariat says that accepting or offering
maintenance beyond Iddat period is haraam (illegitimate) as all relationship
between man and woman cease after the end of iddat period.
If the divorced wife and minor child are
unable to maintain themselves, the husband is liable to give them monthly
maintenance.
unable to maintain themselves, the husband is liable to give them monthly
maintenance.
As far as getting property is concerned, a
Muslim woman is entitled to dower that she got from her husband at the time of
marriage. If the husband wishes, he can give away anything to his wife but it’s
not binding on him.
Muslim woman is entitled to dower that she got from her husband at the time of
marriage. If the husband wishes, he can give away anything to his wife but it’s
not binding on him.
Recently, upholding the rights of Muslim
women, the Allahabad High Court had said: “Women cannot remain at the mercy of
the patriarchal setup held under the clutches of sundry clerics having their
own interpretation of the holy Quran. Personal laws of any community cannot
claim supremacy over the rights granted to individuals by the
Constitution,” the court said.
women, the Allahabad High Court had said: “Women cannot remain at the mercy of
the patriarchal setup held under the clutches of sundry clerics having their
own interpretation of the holy Quran. Personal laws of any community cannot
claim supremacy over the rights granted to individuals by the
Constitution,” the court said.
Hindu woman : As far as the division of property
goes, a Hindu woman is the joint co-owner of her husband’s residential property
even if the property is not in her name. Upon divorce, she is entitled to get
the 50 per cent share in his residential estates. For the remaining, the
quantum of the share varies from one case to another. As far as her streedhan
(property she got at the time of marriage from either sides) is concerned, she
is the absolute owner.
goes, a Hindu woman is the joint co-owner of her husband’s residential property
even if the property is not in her name. Upon divorce, she is entitled to get
the 50 per cent share in his residential estates. For the remaining, the
quantum of the share varies from one case to another. As far as her streedhan
(property she got at the time of marriage from either sides) is concerned, she
is the absolute owner.
Christian woman : The Indian Divorce Act states that
during the period when the divorce case is in the court, the husband has to
give one-fifth of his salary for the maintenance of his wife. Later,
the maintenance can be given either yearly or in the form of alimony. If a
divorced Christian wife cannot support her in the post-divorce period, she can
apply for alimony/maintenance in a civil court or high court and, the husband
will be liable to pay her alimony such sum, as the court may order, till her
lifetime under S.37 of the Indian Divorce Act, 1869.
during the period when the divorce case is in the court, the husband has to
give one-fifth of his salary for the maintenance of his wife. Later,
the maintenance can be given either yearly or in the form of alimony. If a
divorced Christian wife cannot support her in the post-divorce period, she can
apply for alimony/maintenance in a civil court or high court and, the husband
will be liable to pay her alimony such sum, as the court may order, till her
lifetime under S.37 of the Indian Divorce Act, 1869.
Upon desertion
Muslim woman : A Muslim woman is entitled to maintenance
from her husband. If her husband fails to give her maintenance, she can move
court. The magistrate can ask her relatives to maintain her and if they can’t
do it then the Wakf board will have to maintain her till her children become
financially independent.
from her husband. If her husband fails to give her maintenance, she can move
court. The magistrate can ask her relatives to maintain her and if they can’t
do it then the Wakf board will have to maintain her till her children become
financially independent.
Rights of the Wife Over the Husband :
(MUSLIMS)
(MUSLIMS)
Islam grants a wife rights over her Muslim
husband. Some of them are financial, others are not.
husband. Some of them are financial, others are not.
1. Mahr : The woman has the financial right to receive mahr, or
bridal gift, from her husband.
bridal gift, from her husband.
2. Good Treatment : The Quran puts great emphasis on
treating the wife well. “…And live with them in kindness…” (Quran
4:19). In addition to the Quran, the Prophet of Allah has also stressed, ‘The
most excellent of you is he who is best to his wife.’ (Tirmidhi)
treating the wife well. “…And live with them in kindness…” (Quran
4:19). In addition to the Quran, the Prophet of Allah has also stressed, ‘The
most excellent of you is he who is best to his wife.’ (Tirmidhi)
A Muslim husband must remember the advise
of his beloved Prophet, “Fear Allah in regard to women. You were given
them as a trust from Allah and by the word of Allah they have become lawful for
you.” (Muslim) Wife is a trust, neither a slave, nor a dog and must be treated
as such.
of his beloved Prophet, “Fear Allah in regard to women. You were given
them as a trust from Allah and by the word of Allah they have become lawful for
you.” (Muslim) Wife is a trust, neither a slave, nor a dog and must be treated
as such.
3. Financial Maintenance : A wife has the right to financial
maintenance, including food, clothing, and housing according to what the
husband can afford. It is the husband’s responsibility to work and support his
wife.
maintenance, including food, clothing, and housing according to what the
husband can afford. It is the husband’s responsibility to work and support his
wife.
4. Protection: A husband must protect his wife
including physical and emotional well being.
including physical and emotional well being.
Rights of the Husband over the Wife :
(MUSLIMS)
(MUSLIMS)
1. Obedience : In Islam, a wife is required to obey
her husband in matters that do not involve disobeying Allah. This concept is
totally alien to many Westerners, so please understand it well. In the West,
they call this ‘control’ and sometimes ’emotional abuse’. It is neither. Few
important points must be kept in mind.
her husband in matters that do not involve disobeying Allah. This concept is
totally alien to many Westerners, so please understand it well. In the West,
they call this ‘control’ and sometimes ’emotional abuse’. It is neither. Few
important points must be kept in mind.
One, a wife must obey her husband in
obedience to Allah. The Prophet said, ‘If a woman offers her five daily
prayers, fasts the month of Ramadan, guards her chastity and obeys her husband,
it will be said to her on the Day of Judgment, “Enter through any gate of
Paradise you wish.”‘ (Ibn Hibban)
obedience to Allah. The Prophet said, ‘If a woman offers her five daily
prayers, fasts the month of Ramadan, guards her chastity and obeys her husband,
it will be said to her on the Day of Judgment, “Enter through any gate of
Paradise you wish.”‘ (Ibn Hibban)
Two, wife obeying her husband is not like
a slave obeying the master! She is a free woman, not a slave. What this means
is that her husband can not abuse his authority over his wife and act as a
tyrant. He must remember that he is the servant of Allah and will be questioned
about how he treats his wife.
a slave obeying the master! She is a free woman, not a slave. What this means
is that her husband can not abuse his authority over his wife and act as a
tyrant. He must remember that he is the servant of Allah and will be questioned
about how he treats his wife.
Third, a husband must conduct the affairs
of his family with mutual consultation with his wife, but in the end, he is the
decision-maker and he will be responsible in front of Allah for his decision. A
wife should not object to his decision-making authority and recognize that just
like every company has a CEO, the “family” is like a company and the
husband is its CEO. Remember, the husband has to balance his authority with
good treatment that is the wife’s right over him.
of his family with mutual consultation with his wife, but in the end, he is the
decision-maker and he will be responsible in front of Allah for his decision. A
wife should not object to his decision-making authority and recognize that just
like every company has a CEO, the “family” is like a company and the
husband is its CEO. Remember, the husband has to balance his authority with
good treatment that is the wife’s right over him.
2. Protecting the Honor & Dignity
of the Husband : She
must protect his wealth and children, among other things, in his house. The
Prophet Muhammad said, “The wife is the guardian over the house of her
husband and his children.” (Saheeh Al-Bukhari, Saheeh Muslim) She is
required to raise his children upon Islamic values.
of the Husband : She
must protect his wealth and children, among other things, in his house. The
Prophet Muhammad said, “The wife is the guardian over the house of her
husband and his children.” (Saheeh Al-Bukhari, Saheeh Muslim) She is
required to raise his children upon Islamic values.
3. Not Leaving the House Without the
Husband’s Permission : The
Prophet said, “If the wife of any of you should seek permission to go to
the mosque, do not prevent her.”
Husband’s Permission : The
Prophet said, “If the wife of any of you should seek permission to go to
the mosque, do not prevent her.”
This does not mean she has to take his permission every time before she leaves
the house, asking, “Can I leave?” What this means is that she should
not go some place he does not approve of. It will minimize conflict and keep
happiness in the family. An exception is the mosque. She can go to the mosque
without her husband’s permission and approval.
4. Not
Allowing Anyone to Enter His House Without His Permission : The Prophet
said, “And your right over them is that they do not allow anyone whom you
dislike to sit on your cushion.”[Saheeh Muslim] Once again, what this
means is not to let anyone in the house who the husband disapproves of to
minimize conflict and maintain harmony.
Allowing Anyone to Enter His House Without His Permission : The Prophet
said, “And your right over them is that they do not allow anyone whom you
dislike to sit on your cushion.”[Saheeh Muslim] Once again, what this
means is not to let anyone in the house who the husband disapproves of to
minimize conflict and maintain harmony.
5. Concealing
Bedroom Secrets : Neither spouse should talk about their sex lives with
friends and family members. It is considered inappropriate, indecent, and
shameful. Both should respect each other’s privacy in this regard.
Bedroom Secrets : Neither spouse should talk about their sex lives with
friends and family members. It is considered inappropriate, indecent, and
shameful. Both should respect each other’s privacy in this regard.
Sexual intercourse is a right they both
have on each other. Each spouse has a right to intercourse. Vaginal intercourse
is prohibited during a woman’s menstrual cycle and post-natal bleeding.
have on each other. Each spouse has a right to intercourse. Vaginal intercourse
is prohibited during a woman’s menstrual cycle and post-natal bleeding.
Hindu woman : Codified in the Hindu Adoptions and
Maintenance Act, 1956, a Hindu woman is entitled to maintenance if she does not
remarry. The court considers a large number of factors before awarding the
maintenance.
Maintenance Act, 1956, a Hindu woman is entitled to maintenance if she does not
remarry. The court considers a large number of factors before awarding the
maintenance.
Christian woman : A deserted wife is entitled to
maintenance from her husband, but his failure to provide the same can be ground
for divorce. A Christian woman has to live separately for two years
before she can seek a divorce.
maintenance from her husband, but his failure to provide the same can be ground
for divorce. A Christian woman has to live separately for two years
before she can seek a divorce.
Upon death of her husband
Muslim woman : In the event of the death of her
husband, a widow gets the one-eighth share (when there are children) but gets
one-fourth share (if there are no children). If there is more than one wife,
the share may diminish to one-sixteenth.
husband, a widow gets the one-eighth share (when there are children) but gets
one-fourth share (if there are no children). If there is more than one wife,
the share may diminish to one-sixteenth.
Hindu woman : A Hindu woman is entitled to an
equal share in her late husband’s property along with her children and
mother-in-law (Class I heirs). In 2008, the Supreme Court of India
decided that a widow who remarries can keep the share of her dead husband’s
property.
equal share in her late husband’s property along with her children and
mother-in-law (Class I heirs). In 2008, the Supreme Court of India
decided that a widow who remarries can keep the share of her dead husband’s
property.
Christian woman : As per the Indian Succession Act,
1925, a Christian widow is entitled to one-third share in her late husband’s
property. The remaining share goes to her children.
1925, a Christian widow is entitled to one-third share in her late husband’s
property. The remaining share goes to her children.
the absence of children, the widow gets Rs 5,000 and half a share in the estate. Her
share fluctuates with the presence or absence of lineal descendants. For
instance, she gets rights over the entire property only in absence
of distant kin of the deceased husband extending up to great-great uncle or
great uncle’s son, but a widowed daughter-in-law has no right in her
father-in-law’s property.
Support
If your husband was the primary
breadwinner during your marriage and you’re no longer living together, you may
have a right to temporary or “pendente lite” financial support until your
divorce is final. Pendente lite is a legal term that means the order is only
good until the terms of your divorce decree take over. If a judge awards you
temporary support, it does not necessary mean you’ll receive alimony beyond
that point. However, it can help you make ends meet until then. You or your
attorney can file a motion for pendente lite relief, asking for this.
breadwinner during your marriage and you’re no longer living together, you may
have a right to temporary or “pendente lite” financial support until your
divorce is final. Pendente lite is a legal term that means the order is only
good until the terms of your divorce decree take over. If a judge awards you
temporary support, it does not necessary mean you’ll receive alimony beyond
that point. However, it can help you make ends meet until then. You or your
attorney can file a motion for pendente lite relief, asking for this.
Estate Planning Benefits
1. 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.
estate. Receiving an exemption from both estate taxes and gift taxes for all
property you give or leave to your spouse.
2. Creating life estate trusts that are
restricted to married couples, including QTIP trusts, QDOT trusts, and marital
deduction trusts.
restricted to married couples, including QTIP trusts, QDOT trusts, and marital
deduction trusts.
3. Obtaining priority if your spouse needs
a conservator-that is, someone to make financial or medical decisions on your
spouse’s behalf.
a conservator-that is, someone to make financial or medical decisions on your
spouse’s behalf.
Government Benefits
1. Receiving Social Security, Medicare,
and disability benefits for spouses.
and disability benefits for spouses.
2. Receiving veterans’ and military
benefits for spouses, such as those for education, medical care, or special
loans.
benefits for spouses, such as those for education, medical care, or special
loans.
3. Receiving public assistance benefits.
Employment Benefits
1. Obtaining insurance benefits through a
spouse’s employer.
spouse’s employer.
2. Taking family leave to care for your
spouse during an illness.
spouse during an illness.
3. Receiving wages, workers’ compensation,
and retirement plan benefits for a deceased spouse.
and retirement plan benefits for a deceased spouse.
4. Taking bereavement leave if your spouse
or one of your spouse’s close relatives dies.
or one of your spouse’s close relatives dies.
Medical Benefits
1.Visiting your spouse in a hospital
intensive care unit or during restricted visiting hours in other parts of a
medical facility.
intensive care unit or during restricted visiting hours in other parts of a
medical facility.
2. Making medical decisions if your spouse
becomes incapacitated and unable to express wishes for treatment.
becomes incapacitated and unable to express wishes for treatment.
Death Benefits
1. Consenting to after-death examinations
and procedures.
and procedures.
2. Making burial or other final
arrangements.
arrangements.
Family Benefits
1. Filing for stepparent or joint adoption.
2. Applying for joint foster care rights.
3. Receiving a share of marital property
if you divorce.
if you divorce.
4. Receiving spousal or child support,
child custody, and visitation if you divorce.
child custody, and visitation if you divorce.
Housing Benefits
1. Living in neighborhoods zoned for “families only.”
2. Automatically renewing leases signed by your spouse.
Consumer Benefits
1. Receiving family rates for health,
homeowners’, auto, and other types of insurance.
homeowners’, auto, and other types of insurance.
2. Receiving tuition discounts and
permission to use school facilities.
permission to use school facilities.
3. Other consumer discounts and incentives
offered only to married couples or families.
offered only to married couples or families.
Other Legal Benefits and Protections
1. Suing a third person for wrongful death
of your spouse and loss of consortium (loss of intimacy).
of your spouse and loss of consortium (loss of intimacy).
2. 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).
interfere with the success of your marriage, such as alienation of affection
and criminal conversation (these laws are available in only a few states).
3. 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.
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.
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PG – 20122019