The Marriage Test By Johnette Duff, love and
law, www.loveandthelaw.comLove should not blind a couple to realities of their legal status of husband and wife, for they are bound by an unwritten contract of marriage governed by laws of federal government, state they live in and decisions of judiciary. Every bride and groom must learn that state is at altar with them.
You would never sign a contract without reading it or seeking an attorney's advice. Those about to marry, however, have never been told how important fine print is. No options are offered, no negotiation allowed, and no warranties extended, express or implied, when you say “I do.”
If all terms were fully disclosed, who knows if you would sign on dotted line without further negotiations? Take test below to evaluate your knowledge of marriage contract.
The Marriage Test
Do you know how state law controls property you acquire during your marriage? Do you know what interest state says your spouse has in income-producing (i.e. interests, dividends, rents) assets you owned before marriage? If your spouse died without a will, do you know if your state would require you to share your marital estate with his parents or siblings? Do you know how debts or obligations your spouse has before marriage can impact your pocketbook after marriage? Do you know if your marriage is victim, or potential victim, of “marriage penalty tax” in Internal Revenue Code? If you move into a home that one of you already owns, do you know what tax ramifications of transferring title to a new spouse could be? Do you know what interest your state says your spouse has in any inheritance or personal injury award you receive? If you move to another state after your marriage, do you know how assets you own can be affected? If you and your spouse executed a will in one state but moved to another, do you know what potential impact this could have on your estate plan? If this is a remarriage for either of you, do you know how benefits from a prior marriage, such as alimony, social security benefits, pensions, retirement benefits, medical insurance, will be affected by your new legal status? If you or your spouse have children from a prior marriage, did you know that some states differentiate between children of a current marriage and children from a prior marriage when someone dies without a will?
