Marriage and the state
Marriage is a legal union of a couple as spouses according to Cornell University of law school. Traditionally, marriage was viewed as the basis of the family unit and very vital to the preservation of civilization and morals. However, defining marriage in the society of today can be a challenge. This is because the marriage of today differs with what marriage was considered to be in the past. In the today’s society, there are three basic elements of marriage which include: each party must accord to the marriage, each party must have a legal ability to marry and the parties must have entered into a contract as require by law. In addition, gay marriage has been legalized by states where we find the gay couple raising
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Moreover, one can receive disability, veterans, pension plan, military and Medicare benefits through the other spouse. In case a marriage that has lasted for at least ten years ends, one can still enjoy social security benefits with a power to spousal support. Secondly, the prenuptial agreement benefits are recognized under the law that a couple is creating an economic partnership by getting married. Lastly, we have the IRA benefits that are used in a few ways contributing to the unemployed individual retirement account as well as changing deceased spouse 's IRA for own use in the course of a marriage.
Tax benefits- we have the marital tax deduction, and filing taxes jointly under the tax benefits. The marital tax deduction is the largest tax benefit a married couple can receive. In addition, one can transfer assets free from tax to the partner at any time. A spouse can leave assets to the other spouse with no estate subjection. On filing taxes jointly, it happens that if both spouses are high earners, they end up paying more taxes. However, if one stays at home while the other has a job then the marriage benefits to file jointly.
Legal benefits- These benefits includes the inheritance benefits and legal decision- making. Focusing on inheritance benefits, a spouse or partner can inherit the whole estate with no tax
* Estate Tax: combine with taxable gifts; to derive taxable estate, you are entitled to subtract contributions to spouse & charity. Only eligible for exemption if not used for gift tax purposes.
My short answer is "no", but let me explain. Before answering what I think the situation should be, it is helpful to look at what the situation is. Currently family law is a matter left to a great extent to the states. States have the power to decide who may marry, the legal process required to do so, and what the legal consequences of that marriage are within the state. In all these matters states differ from each other. The state is limited in its actions, though, to the requirement of its own constitution as well as the constitution of the United States. What those constitutions require is often a matter of great debate, but the ultimate judge is the state's highest court for matters pertaining to its own constitution, and
It also deals with, to a small extent , the extra finance given to whoever would have custody of the children post-divorce, though this is mostly in the hands of the divorce courts. (www.pre-nuptialagreements.com.au) All of these factors can only help the social and economic impact of divorce, as it is making it easier for everyone involved.
Traditional wedding vows state, “I, (name), take you (name), to be my (wife/husband), to have and to hold from this day forward, for better or for worse, for richer, for poorer, in sickness and in health, to love and to cherish; from this day forward until death do us part”(Callaway). Marriage is defined as two people bond together legally under the protection of laws. Couples are able to express and establish their life long relationships officially, publicly, and permanently. Due to the fact that homosexual relationships are increasingly more accepted by the public, gay marriage has become one of the most controversial topics throughout the US. The fundamental human right of marriage should not be limited to a man and a woman;
Marriage has been defined differently throughout the centuries. Today Merriam-Webster defines marriage as, “the state of being united to a person of the opposite sex as husband or wife in a consensual and contractual relationship recognized by law” (“Marriage”). Due to the recent Lesbian, gay, bisexual, and Transsexual or LGBT movement, Merriam-Webster also added a second line to the definition reading “The state of being
Marriage is not as easy as most people think, and today people seem to be going into marriage planning for a divorce. Studies have estimated that one third of weddings today form step families, making one third of households in the United States blended families (Gillespie, 2004). The rate of divorce is higher, about 60%, for remarried couples putting the children and adult in a cycle of marriage, marital conflict, divorce, single status, and remarriage (Sigelman & Rider, 2013). It is true that there is no cut and dry manual to make a marriage work. Unfortunately research shows that finances are the number one cause of marital strain (Focus on the Family, 2008). Families with less money live in constant dread of financial drains. Things like illness, layoffs, car repairs, or home repairs can be devastating (Weiten, Lloyd, Dunn & Hammer, 2009).
Historically defined as the union between a man and women the idea of marriage has been socially ingrained into the minds of Americans leaving any other possibilities of who love can happen between as unacceptable. These strong societal beliefs are far from the truth yet dictate the ability of homosexuals rights to marry one another. Avoiding defining what marriage entails in the constitution, the issue of whether or not gay people have the right to marry has become a state issue. The conservative idea of marriage is changing as society is undergoing a transformation in its beliefs to a more liberal stance. As a country that has progressed towards being more egalitarian and inclusive in ensuring individuals rights, the right of marriage
There are many ways in which one can describe and define marriage. There are legal, biblical and personal definitions, each with its own distinct basis for its definition, but which is the right one? The decision of which definition is the right one depends on where one lives and what one believes. Marriage has evolved throughout history. In today’s society there are many different types of unions that can be viewed as marriage. Today, when one thinks of marriage, they usually think of two people, deeply in love, who decide to bind their lives together through a legal process. Such is not always the case, with “common-law marriages” (as it is not a legal process). There are many reasons other than love that can constitute the bond
It is true that alimony is attached to various tax implications as specified by IRS. It is, therefore, important for the spouses to be aware of these tax implications because they may have an impact in the future. The alimony is used to mean the money that one of the spouses provides to the other spouse as a form of support after separation. There are few other names that are used to refer to an alimony including financial support, upkeep, maintenance, subsistence and spousal support. Regardless of the name used to refer to the alimony, there are tax implications, and therefore a party cannot circumvent federal tax law.
If your loved one is the recipient of a pension, contact the pension administrator. Some pensions have a one-time death benefit, continue to pay a spouse or survivor or may terminate at death.
What is the definition of marriage? Over the years, the word marriage has been challenged from its current definition as listed in Merriam-Webster 's Dictionary as an act of marrying or being married between a man and a woman. Marriage can also be defined in the Oxford Dictionary as the formal union of a man and a woman, typically recognized by law, by which they become husband and wife. The word marriage becomes a special type of bond between two people that share the same desire to become the other person’s life partner. Marriage can be challenging between two people based on their current government state laws, in their religious and cultural beliefs as well as challenging to the word to be defined
Cohabitating before marriage can financially benefit a couple. Paying rent or two separate mortgages at separate homes when they could share a space and only have one set of bills instead of two is just one example of how this could be beneficial. With the cost of food rising on a regular basis it doesn’t make sense to constantly eat out or buy groceries for separate homes when they could cut the cost living under one residence. By living together before marriage, they could also cut their fuel expenses that are spent from travelling back and forth to one another’s homes to visit with each other. “In a recession, it just doesn’t make any sense for two people who say they love each other to pay separate rents” (Alexia, Para 2). “Cohabitation and marriage could be more successful when they are built from sound understanding and financial foundation” (Living Together, Para 9).
Many people think that it’s not a big deal to be married when they live together for a certain amount of years. There is a bigger difference than most people think. Being married to the love of your life comes with more benefits than people think. This includes the type of bond the couple has and comes with a lot more legal benefits. It's always better to be married instead of just living together.
Everything done in a marriage has an effect on all that is involved. When a couple works together, it is to fortify the family.
According to Webster’s Dictionary, the definition of marriage is “the state of being united to a person of the opposite sex as husband or wife in a consensual and contractual relationship recognized by law” (“Marriage” def. 1), but is that all there is to it? A marriage should be based upon compassion, trust, acceptance, and most importantly, love; marriage has nothing to do with your gender, so why portray it to be? Marriage equality or having only opposite sex in order to have a happy and successful life has been a controversial issue in America for the last twenty years. Now, one state at a time, America is finally coming around to realize that everyone deserves love, regardless their sexual orientation.