Included Free with a Marriage License…

The previous post recounts the small moment of panic brought on by my sister asking about marriage and divorce licenses, and how that simple question (once the panic passed) got me thinking about marriage and divorce in the state of Massachusetts.

In this post, I’ll discuss what marriage means in this state – all the rights and responsibilities you get at no extra charge when you get that marriage license. 

First things first: Massachusetts is an equitable distribution state.   

More on this in the divorce post, but this is the first right/responsibility created by marriage in this state.  The responsibility to share all the goods with your spouse/the right to a share of all the goods.   

In Massachusetts, all property, no matter when or how acquired can be considered marital property and subject to division in divorce.  That means it doesn’t matter whether you earned/acquired it before the marriage, or due to an inheritance, or whatever… it all goes in the big pot called marital or community property, and can be divided in a divorce.

The second right/responsibility created by marriage is also a bummer… inheritance.  The right to inherit from your spouse (whether they want you to or not)/the responsibility to provide for your spouse at your death (whether you want to or not).

In this state, if you are married when you die, whether you died without a will (there will be much much more written in this) or disinherit your spouse in your will, they are entitle to take an inheritance.  If you leave no children but some family, your spouse is entitle to the first $200,000, and the remainder is split 50/50 between your spouse and your family.  If you leave children, your estate is split 50/50 between your spouse and your children.

The third right/responsibility is debt. 

As expected, both spouses are liable on debt for which they co-sign.  However, less expected, both spouses can also be liable even if one did not co-sign for debt incurred in benefit of the family.  You can imagine how flexible this standard is.    

Some other include:

The right to share government benefits – such as social security, veteran’s benefits, etc…

The spousal privilege.

Next-of-kin status for making health care decision or filing wrongful death claims.

Enjoyment of your spouse’s retirement benefits.

FMLA leave if your spouse is ill.

Filing taxes as married.

Being the presumed parent of children born in the marriage.

And many more…

Next time, we’ll discuss what Divorce means in Massachusetts.