1 Wedding, 2 Spouses, 1,138 Marital Rights (part 1)

Most people see marriage as a personal and romantic endeavor.  The government sees it as a legal status conferring more than 1,000 legal privileges.  

Following the passage of the Defense of Marriage Act in 1996, the federal government developed a keen interest in what rights married couples had… because it wanted to know what rights it would be forced to grant LGBTQ couples if their marriages were to be legally recognized.  The government compiled a report identifying 1,138 “federal statutory provisions classified to the United States Code in which marital status is a factor in determining or receiving benefits, rights, and privileges.”

Even though marriage is much more widely available than it was 25 years ago, many people continue to opt out of legal marriage, and still others remain excluded, such as people in polyamorous relationships. 

It’s worth asking what the rights that come with marriage are (Part 1), whether they’re worth getting married for, and if not, can estate planning replicate them for unmarried people (Part 2)?  

First let’s dive into broad categories of federal or Illinois state rights conferred on married couples.  The rights themselves range from the obscure to the life-changing; here are the broad categories of the ones most likely to affect you or someone you love.

Taxes

1. High-income earners save money on taxes by marrying a low-income earner due to the way tax brackets work.  
2. Spouses can transfer money or property back and forth to each other without paying any taxes on it and can gift people $38,000 per person without paying gift taxes.   Unmarried people must pay tax on any gifts to people of more than $19,000 per person.  
3. Spouses can defer estate taxes; a wife can inherit everything from her husband without it being subject to estate tax until the wife dies.  An unmarried person’s estate is subject to estate tax before their partner inherits it.

Inheritance 

1. Without a will or trust, a spouse inherits automatically; an unmarried partner gets nothing.
2. Spouses cannot disinherit each other in a will; spouses are entitled to a portion of their spouses estate even if the will disinherits them entirely.

Government Benefits

1. Spouses can receive social security based on their spouse’s income, not theirs.
2. Spouses can qualify for Medicare based on their spouse’s work history, not theirs.
3. Marrying a veteran comes with greater access to education, healthcare coverage, housing benefits, and burial benefits.

Medical and End-of-Life

1. Without a Power of Attorney for Health, doctors defer to spouses under the Healthcare Surrogate Act for medical and end-of-life decisions when a spouse-patient cannot communicate for themselves.

Parentage

1. A child born during a marriage is presumed to be the legal child of both spouses

Employment Protections

1. The Family Leave and Medical act protects an employee’s job when they leave to care for a sick spouse
2. Spouses may continue their spouse’s employer’s health insurance after their spouse is terminated under COBRA
3. Spouses are entitled to death benefits if there is a worker’s compensation death or wrongful death case.
4. Spouses may be entitled to bereavement leave.

Privileges and Immigration

1. Spouses cannot be compelled to testify against each other
2. Confidential Marriage Communications are privileged
3. Spouses have standing to sue for wrongful death and loss of consortium
4. Spouses can sponsor a non-citizen spouse for permanent residency

For those for whom marriage is the right choice personally, these protections come automatically. For everyone else, it’s worth understanding exactly what you’re opting out of.

Explore how much you could save. Use the Marriage Tax Savings Calculator below.

Stay tuned for Part 2, which will dive into whether these rights can be replicated with estate planning.

A strong legal plan protects more than assets. It protects the people you care about most. Bielski Chapman, Ltd. helps individuals, couples and families across Chicago create thoughtful strategies that reduce risk, prevent conflict, and build long-term security. Schedule your consultation today.