The Marriage Test
|
Love should not blind a couple to the realities of their legal status of husband and wife, for they are bound by an unwritten contract of marriage governed by the laws of the federal government, the state they live in and the decisions of the judiciary. Every bride and groom must learn that the state is at the altar with them.
You would never sign a contract without reading it or seeking an attorney's advice. Those about to marry, however, have never been told how important the fine print is. No options are offered, 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 would sign on the dotted line without further negotiations? Take the test below to evaluate your knowledge of the marriage contract.
The Marriage Test
* Do you know how state law controls the property you acquire during your marriage?
* Do you know what interest the 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 your state would require you to share your marital estate with his parents or siblings?
* Do you know how debts or obligations your spouse has before marriage can impact your pocketbook after marriage?
* Do you know if your marriage is the victim, or potential victim, of the "marriage penalty tax" in the Internal Revenue Code?
* If you move into a home that one of you already owns, do you know what the tax ramifications of transferring title to a new spouse could be?
* Do you know what interest your state says your spouse has in any inheritance or personal injury award you receive?
* If you move to another state after your marriage, do you know how the assets you own can be affected?
* If you and your spouse executed a will in one state but moved to another, do you know what potential impact this could have on your estate plan?
* If this is a remarriage for either of you, do you know how benefits from a prior marriage, such as alimony, social security benefits, pensions, retirement benefits, medical insurance, will be affected by your new legal status?
* If you or your spouse have children from a prior marriage, did you know that some states differentiate between children of a current marriage and children from a prior marriage when someone dies without a will?
You may believe the idea of a premarital agreement is unromantic, but marriage itself is a contract between man, woman and the state. Often, it isn't until death or dissolution of the relationship that couples find how intrusive the state-controlled marriage laws can be.
The state's marriage contract is influenced by old-fashioned assumptions about the American family, assumptions that have little basis in today's reality. No matter how distasteful this control is, our intimate personal relationships are regulated by duties and responsibilities determined by the legislatures and the courts.
Marriage, even in the midst of the changes in our society today, is here to stay. For those whose faith in the institution of marriage remains hopeful, the secret to success is knowledge of the 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, is fundamental. The fifty states are divided into separate and community property states. However, within each state, the rules vary widely and are continually reevaluated as society demands.
Do you know what the laws of your state are? If not, check out loveandthelaw.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 is licensed in the State of Texas
Attention attorneys, to advertise on loveandthelaw.com contact mailto:susyjsmith@aol.com
If you would like to receive new articles please e-mail us at mailto: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 Marriage Handbook: a legal and financial guide to your spousal rights, and Love After 50: a legal and financial guide. Nationally, she has appeared on Today, Good Morning America, CBS This Morning and in various publications promoting information on love and the law. Ms. Duff has recently opened a web site titled, love and the law. johnetteduff@aol.com
|
|
|
Wedding Dresses - How To Select The Best One For You
Every bride would agree that her wedding dress should be perfect - not only does she want to look her best, on her special day, but her wedding dress also is the center of everybody's attention. But how would you select the best one for you? Here is advice about selecting the best dress for your wedding.Your wedding dress style should much the wedding styleDo you plan a very formal wedding in a cathedral or is it going to be an informal beach ceremony? Before deciding on the dress, you should decide how formal your wedding is going to be. A long and puffy princess style wedding dress is no longer your only option - informal weddings an...(related: Marriage Wedding)
Top Ten Reasons To Plan A Destination Wedding
You and the one you love are dreaming of an enchanted getaway, to do nothing less than tie the knot. Why sho...(related: Marriage Wedding)
Rose Petals Add The Perfect Touch For A Wedding
Rose petals will add luxury to a wedding day or any other special occasion. Why settle for throwing ordinary rice when instead you can make the wedding so much more romantic by tossing rose petals?From your flower girl spreading a path of rose petals down the aisle to the happy couple being showered with rose petals upon completion of the services they add that li...(related: Marriage Wedding)
Wedding Videos... What To Do
Bless the bride... and God help the video maker. True. Let us start with grim warnings of doom and disaster. Making a video of a wedding is something which can lose you a lot of friends. The bride and groom and their respective families want something that will make 'The American President' look like a low budget, made-for-television low grade movie with no production values. This has been shown by actual test. Some simple rules.1. Do not under any circumstances offer to make a video of anyone's wedding, no matter how near and dear.2. When it is suggested, always try to get someone else to do it. Anyone. As long as it is not you.3. ...(related: Marriage Wedding)
Selecting The Perfect Wedding Gift For The Bride And Groom
One of the most memorable days in our lives is when two people commit their love to one another through marriage. Wedding gifts are traditionally offered to the newlyweds as tokens of affection and love as well as a means to provide the new couple with starter home supplies.In days of old, couples did not live together until they were married. After being wed, the two typically would start building their lives together, including moving into their own hom...(related: Marriage Wedding)
A Guide To Wedding Invitations
The wedding date and time has been set, the location for the special event has been finalized, and the decision for the wedding theme ? traditional and formal or fun and casual ? has been made. Now it's time to take the next step and create wedding invitations that reflect the celebration you've planned and provide the information needed for friends and family to have a pleasant experience as wedding guests.Wedding invitations are the first place your guests will actually get a sense of the wedding you've planned. Whether your budget allows for custom made invitations ranging from sophisticated to artistic or do-it-yourself creations, there are plen...(related: Marriage Wedding)
What You Should Know About Buying Engagement Rings Online
Buying engagement rings online doesn't have to be confusing or intimidating. In fact, the nice thing about shopping online is that you can browse several online stores without the hassle of traveling from store to store l...(related: Marriage Wedding)
How You Answer This Question Can Change Your Marriage
Imagine the following scenario. Your spouse has given you an important letter to mail and is counting on you to mail it on your way to work. But you slip up...you forget all about it until you're on the way home. "Oh, #$@!!" is your first reaction. You know the spouse will be upset.You frantically search the car and your briefcase for the letter, but it's gone. You can't find it anywhere. Now what do you do? What will you tell your spouse when you get home and he (or she) asks you if you mailed the letter?Will you say, "It got lost" or will you say, "I lost it"? Your answer to this question gives insight into y...(related: Marriage Wedding)
How To Have A Sizzler Of A Honeymoon. Article No.2
Ah! It's the wedding night. You've cut the cake, drank the toast, danced the dance, and now, at last you are completely alone. Unlike the bride and groom ...(related: Marriage Wedding)
Relationship Advice: A Map For Your Marriage
Have you ever been lost?My favorite line about being lost comes from an old "M*A*S*H" episode where Hawkeye says, "We're not lost. I've been lost before, and this is not what it looks like."We all know the drill - you thought you knew where you were going, so you didn't bring a map, and you found yourself so hopelessly turned around that you had no idea where to go next.Ever feel that...(related: Marriage Wedding)
site-map - Copyright © 2007 | Contact Webmaster | All Rights Reserved | Free Articles and Information | Marriage Wedding