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Pros and Cons of Same-Sex Marriage: Is it for You?
- Formalities. Every marriage requires a formal ceremony, and every marital separation requires some kind of formal court action -- and quite often the help of a lawyer. Unmarried couples can break up informally, on their own terms.
- Inheritance and death taxes. Without a legal marriage, a couple needs to sign several agreements to create even a partial framework of protection in the event of death, and certain tax benefits are forever denied to unmarried couples. If you are married, however, the surviving spouse generally inherits all the property if the partner dies without a will. (However, laws exempting married couples from inheritance taxes and gift taxes don't yet apply to same-sex couples, because the federal government does not recognize same-sex relationships even if state law provides for marriage or marriage-like benefits.)
- Transfer taxes. In theory, transfers of property upon dissolution of the relationship are tax-free for legally married couples, but not for unmarrieds. It's unclear yet how these rules will apply to same-sex couples, because of the federal government's refusal to recognize same-sex relationships.
- Government benefits. Marriage can bestow a bevy of important benefits, including military or Social Security benefits, health care benefits, and nursing home coverage. Marriage may also qualify you for unpaid leave from your job under the Family Leave Act. But watch out -- a married person's income could disqualify a spouse from receiving Social Security, welfare, or medical benefits she'd receive if she were unmarried.
- Immigration. A legal marriage is the only reliable method of providing a foreign partner with the privileges of immigration to this country when he doesn't qualify under work or other provisions of the Immigration Act. However, again because the federal government does not recognize same-sex relationships, this benefit is not yet available to married couples. In fact, couples in which one partner is a nonresident are advised against getting married or entering a civil union or domestic partnership, which could threaten their visa status in some situations.
FAQs
- What are the legal requirements for getting married?
- What if one person tricks the other into thinking there has been a valid marriage?
- May married people open credit accounts that are not also in their spouses' names?
- Should I get credit in my own name, even though I am married?
- May wives and husbands sue each other?
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