What rights and obligations arise due to marriage?

Federal and state laws confer certain rights and obligations on a married couple. While marriage rights and obligations are predominantly controlled by state law, there are also over 1000 federal laws that give married people different treatment than single people. While many of these rights and obligations can be altered by a pre-nuptial agreement between the respective spouses, there are certain obligations that arise that may not be avoided by a pre-marital agreement or other contract.

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 with stepchildren.

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.

Obligations Avoidable by Pre-Nuptial Agreement

Other obligations, however, may be contracted out of. Some couples draw up pre-nuptial agreements that define the financial scope of the marriage. Many financial aspects of the marriage can be opted out of, such as the payment of the other spouse’s debts, property rights, or the rights of a spouse to receive spousal support after divorce. On the other hand, child support is one financial aspect of a marriage that can never be opted out of. A prenuptial agreement that limits the scope of the financial relationship between spouses will generally be upheld, as long as it was not made in an unfair way. For instance, if a spouse approached the other spouse with a pre-nuptial agreement on the day of their wedding, this will likely be voidable by the spouse asked to sign it.

Case Studies: Rights and Obligations Arising From Marriage

Case Study 1: Mutual Respect and Fiduciary Duty

Mary and John had been married for five years when their relationship started to deteriorate. During their marriage, John had taken on significant debt without Mary’s knowledge. As a result, Mary faced financial difficulties when creditors began pursuing them for payment. Mary decided to file for divorce, seeking relief from the burden of John’s debt.

In court, Mary’s attorney argued that John breached his fiduciary duty by concealing his financial situation and taking on debt without Mary’s consent. The court ruled in favor of Mary, recognizing that spouses have a duty to act in good faith and fairness in their financial dealings. The judge ordered John to assume responsibility for the debt he incurred and provide financial support to Mary until she regained stability.

Case Study 2: Limiting Financial Scope Through Pre-Nuptial Agreement

Emma and Michael were planning to get married but wanted to protect their individual financial assets. They consulted with a family lawyer and decided to draft a pre-nuptial agreement before tying the knot. In the agreement, they specified that each spouse’s assets would remain separate during the marriage and in case of divorce.

Several years into their marriage, Michael received a substantial inheritance from his family. When they decided to divorce amicably, the pre-nuptial agreement proved invaluable in ensuring a smooth separation of their financial interests. The agreement clearly outlined the distribution of assets, making the divorce process less acrimonious and costly.

Case Study 3: Non-Opt-Out Obligations in Marriage

Sarah and David had a loving marriage until David suffered a severe accident that left him incapacitated. As his legal spouse, Sarah faced challenging decisions regarding David’s medical care. Sarah wanted to make the best decisions for her husband but felt overwhelmed by the responsibility.

In court, Sarah’s actions were questioned by David’s family members who disagreed with her medical choices. However, the court upheld Sarah’s right to make medical decisions on behalf of her disabled spouse. The judge emphasized that marriage entails a confidential relationship that grants spouses the authority to act in the best interest of each other in critical situations.

Case Study 4: Child Support Obligations

Laura and Mark decided to get married and start a family. Unfortunately, their marriage didn’t last, and they faced the difficult process of divorce. While Laura and Mark agreed on most issues, child custody and support became a contentious matter.

During the divorce proceedings, the court clarified that child support was a non-negotiable obligation arising from their marriage. No pre-nuptial agreement could override the responsibility to support their children financially. The court ordered Mark to pay child support to ensure the well-being of their children.