Legal Things to Do After Getting Married
Beyond the poufy dresses in white, dreamy proposals and scrumptious layer cakes is a whole new reality for newly weds. Most of the shows on TV and celebrity weddings are all about the huge moments and just before these big moments and preparations to that memorable time every bride and her groom never forgets. However, all of these shows hardly bother to shed light or depict life beyond the choreographed wedding moments when reality really sets in.
It is something else when you have a form W-2, budgets, and bank balances to think about way after the honeymoon and everyone has almost forgotten about your big day.
There are many things that lead to confrontations and even divorces. Financial worries and fighting over money is always at the top of the list. Once you have gotten married you must understand you have done one of the best things in your life, but you must move beyond that and settle legal matters thereafter.
Taxes
For starters, you might not care much about how your wife or husband spends their money but the Internal Revenue Service (IRS) does. After signing a joint type of tax return, your spouse might not really hold you to it, although the tax man will. This is why it is important to know a number of things about tax, especially now that you are married.
First, your married status is ascertained as per the tax year's last day, which for individual taxpayers it is the last day on a calendar year. For example, even if December 31st is the day you got married, according to the IRS you have been married for the entire tax year. Likewise, those who divorce on December 31 or the month of March are considered not married for that particular tax year. Widowers and widows are the only exception allowed by IRS to file their taxes as married, something that is very popular among these taxpayers.
For same sex couples married under the law of the state, for federal reasons they are considered married. This is so in estate and gift taxes as well as income taxes. However, civil unions, domestic partnerships registered, and other formal relationships a state law recognizes are not considered.
As per the Act of 2001-2013 on Economic Growth and Tax Relief Reconciliation, the standard deductions stand at $6,100 for individual taxpayers and $12,200 for married taxpayers. Another double reduction is when it comes to selling a home. For those who might have owned a home for a minimum of two years and was the primary residence for about five years, it is possible to reduce by $500,000 after selling the home.
Individual taxpayers can only exclude around $250,000. For example, a house bought for $100,000 and then sold for about $600,000 means a single person can only deduct $250,000 before paying tax on the remaining amount of money while married taxpayers will deduct $500,000 and hardly part with any tax.
To be excluded, one of the marriage partners needs to own the home for a minimum of two years, although both need to live in the home for a minimum of 24 months.
It is also important to note the tax liability of a spouse is not inherited after marriage. Spouses with outstanding tax liabilities prior to going down the aisle will not become your problem once you are married. Ditto for student loans and child support defaults. Nonetheless, it is still a headache since filing tax jointly will mean that your refund could be seized, but you can alert the IRS so that the refund can be split in what is called the Injured Spouse Allocation.
While you hardly have to file tax jointly after marriage, it is not possible or legal to file as a single person. Those filing separate returns need to know the proper marital status for such a case is married but filing separately.
If you decide to go this way, it is important for both individuals in the union to indicate and follow the same. For a spouse who wants to itemize deductions, both individuals in the marriage union need to itemize. And if you decide the standard deduction is the way to go, both of you must go with standard deductions.
At the same time, once you get married, a spouse cannot be your dependent but personal exemption. As you file joint tax returns, only a single exemption for your spouse and another for yourself are allowed.
Above all, remember the signature appearing on your tax return means a lot. It is possible to cheat on your wife or husband and never be caught, but if you cheat the IRS you will always be found out. After signing your return, it is an acknowledgement of the fact that you understand what the return contains and you are in full agreement.
Marriage certificate/license
It is worth remembering that most government agencies and financial companies only recognize you as married after presenting a marriage certificate or license certified copy. After marriage and having signed the marriage license, the wedding officiant will mail it to the proper county office and a week or a fortnight later it will be processed.
Then a form is filled out and a small fee paid to request for the official document copies. While applying in person, online, fax, or via mail, remember you have to give a proper identification, such as a passport or driver's license.
Name change
In case you are thinking about changing your name once you have walked down the aisle, you need to request another driver's license and a fresh Social Security card. It is important to have your name changed on your passport as well, including other identification forms you might be carrying.
Once you have changed your name, start changing the name on basically every financial account, insurance policies and credit cards. You must really decide whether you really need to change your name once you have married or not.
In some states, you need to choose a surname within the marriage licensing process. A process you will have to repeat if you decide to have your name changed again. Pursuing a new name is optional. But failing to choose a married name could be fatal to your name change pursuit.
Credit cards and bank accounts
After getting married, whether you want to have your finances combined or not, opening a joint bank account might become vital, particularly for household expenses. Apart from the joint checking account, it is important to contact the credit card and bank lenders to have your spouse added as a person authorized in your accounts discussions.
Remember, if you do not contact the credit card company and bank about authorizing your spouse, they cannot provide him or her with any required information on the account, whether there is an emergency or not.
Health insurance
Once you are married, you have a chance of joining the insurance plan of your spouse. Lots of insurance plans have a limit set on enrolling spouses once the marriage ceremony is over, in most cases one month.
After that period has passed, you can only wait for the next open enrollment period to enroll into that particular cover. Couples who have different health cover plans via their work need to ascertain if they could save funds by choosing either of the two different plans or are they better off maintaining separate covers.
Retirement and life insurance
Those with retirement or life insurance accounts need to have their information updated so that the spouse can be made the beneficiary. Lots of life insurance policies give spouses a chance to choose many beneficiaries and not just one, including the percentage of funds each of them will be getting.
It is also possible to continue supporting family members as you have been doing or if a relative has cosigned a particular loan you could indicate an amount of money that can be used to cover these expenses. In case your spouse depends on your money or income or both of you have loans or a mortgage, it is possible to go for another life insurance plan to fully cover your spouse in case of your death.
Property, money and marriage
After getting married, finances and property to a certain level will be merged. This is where you need to familiarize yourself with community and marital property as you learn all about keeping some assets you own as separate property in case there is cause to do so. Do not forget to think about tax and pre-existing debts if you haven't already.
What about FASFA? Unemployment? Workers Comp? Cal Fresh? Disability? Any of them need to know about a confidential marriage? If not, then isn't that a lie on your document. Can you be terminated for that? Can you be penalized or imprisoned for falsifying a document?
If you're referring to California's unique confidential marriage license option, then that's not relevant to what you're referring to. A confidential marriage (or confidential marriage license or certificate) is not part of the normal public record. It doesn't change what you must report to FASFA, unemployment, etc. You must always report your marital status truthfully on legal or government documents.
Hi. I plan to marry my fiance on October 31st of this year. I am 25, still on my dads insurance until, of course 2023. My fiance is also incarcerated in a different state. Obviously we will be getting married in the state he is in.
Because of him being incarcerated and me planning to change my last name to his right after, how will this affect my W2's, taxes, health insurance, etc? What do I need to do? Can I still file separately being married?
He's also ex military, honorable discharge before incarceration. This is all so new to me and I don't know what to expect legally.
Your W2's need to reflect your new name. It must match what is on file with the IRS. When you update your social security card, the SSA will notify the IRS on your behalf.
You can stay on your parent's health insurance plan until age 26, even if you're married. Your name change will not affect this.
Yes, but must file married filing separately instead of filing as "single."
Hello getting married before leaving the country for reasons and plan to have the actual engagement shoot wedding ceremony the following year. So secret marriage til then.
I want to take my husband’s last name but not til after the family ceremony the following year is that ok or do I have to do it right away and on the marriage license? Only legal thing we have to do is taxes as married? No one else needs to be notified til name change?
You can change your name a year (or years) later. It's not a problem.
You can file married filing jointly or married filing separately.
Correct. You perform notifications once you decide to change it.
Confidential marriage… no name change… filing taxes 'married filing separately'… no insurance changes… Who, by law, do we have to tell we were married, outside of the IRS when filing taxes? Is it the law that we HAVE to tell our employers or SSA?
No, there's no such law. You do not have to notify either.
I’m on Government insurance & currently unemployed but Getting married this December. My husband to be has not signed up for insurance at his job because it’s a lot of extra money to pay. He’s definitely making more money now though. Will I be able to keep my government insurance for the time being? And should I tell my Insurance company I got married?
Hi Lee. Could you clarify what you mean by "government insurance?" Medicaid, Medicare, health care exchanges, etc? Generally, your marital status and household income could affect your insurance or premiums.
It’s Medicaid.
Hi Lee. Medicaid is needs-based, so marriage could affect coverage and eligibility.
Do I change my W2 to married if I just got married June of this year?
Yes, your W2s should reflect your updated name.
Hi. I just got married June 5, 2021. No name change for me. Do I need to update SSA that I am married already?
No, you needn't alert them to a change in your marital status.
I am in the process of getting a divorce and I am on SSA and I get extra help from the government and Medicaid and Medicare. I would like to change my name back to my birth name do I have to let them know that I am married? because I don't want to loose my benefits
Hi Iris. You can't change your name through divorce until after it's finalized. So when that happens, your marital status will be single.
I filed for a marriage license on 12/30/20, got married Jan 9 2021, does this mean for tax year of 2020 I still file as single?
Also, I changed my last name to my husbands, is it legal or fine to never update my name to SSA, dmv for driver license, etc.? Will there be more of a hassle in the long term if I do this when it comes to paperwork for anything like getting a house, opening a joint bank account etc?
Single, as you weren't married on December 31.
Yes, it's fine.
"Do this?" You mean changing your name or "not" changing your name? It shouldn't matter either way, as you'd be using your current name (whichever it is) on everything.
Difficulties, in terms of paperwork consistency, may arise if you have a split between old name and new name. That could be a hassle to reconcile.
I just got married and keeping my last hyphen my husband last name do I notify SSA, DMV of the hyphenated name or do I change everything to my husbands last name? Basically, do I use both last names as I kept my maiden name and added his?
Hi Danielle. It's up to you. If you're hyphenating, then you'll notify them about the full hyphenated name and not just your husband's last name.
Do I need a new birth certificate after marriage?
Hi Jack. You don't need to update the name on your birth certificate after marriage. It's not possible anyway.
Do i have to notify my apartment that i got married
If i got married and living on hud appartment will they find out
Hi Shaun. You have to notify the housing authority of your marriage. You could face problems by not doing so.
When I change my last name with Social Security does that update to the IRS?
Hi Linda. The SSA will notify the IRS of your name change. If you've changed your address as well, you'll have to notify the IRS directly.
Hello. If I have a Confidential Marriage in California, do I have to file my Income Tax Return as married or do I have the option not to (because it is not Public Record)? Also, what other government or private agencies do I need to inform that I am married (for my benefit)?
Hi Inah. You'd file as married filing separately or married filing jointly. You should notify any agency where marriage would impact rights or benefits, such as insurance.
I am 69 yrs old and just got remarried. I was a widow. Already know that marriage doesnt affects my social security or pension benefits from my deceased spouse, but do I have still notify social security of my marriage if I keep my name the same?
Hi Sue. You don't have to notify SSA of a non-name change.
My fiancé and I are looking into getting married quietly and not tell anybody. She is still on her parents health insurance through her parents insurance from her fathers employer. She is also in her early 20’s and is claimed as a dependent under her parents. I also use financial aid to go to school.
How soon would her parents be notified of her being married, is it possible to slow/stop the notification? And how will it effect my financial aid? (Is her income also counted towards my income thus lowering what I am eligible for?)
There is no automatic notification.
Changes in martial status must be reported to FAFSA. How it affects you is too varied. You'll have to report your spouse's assets and income.
I just got married last week and took my husband's last name. Do I continue to sign my maiden name until I decide to change it? Will SSA, DMV etc; know that o am married?
Yes, for formal documents.
No, not until you notify them.
I got married aug 2018 and on the marriage certificate we have my last name added to my husbands last name but we haven't legally changed it yet, is there a time limit on that sort of thing?
There is no time limit. If you wait two years to change your name with the SSA, you'll have to include an separate identity document (e.g., driver's license, passport) if mailing in your application. If you change your name within those two years, your marriage certificate could serve an identity document.
If you plan to apply in person, it doesn't much matter. You wouldn't have to temporarily forfeit ID. You can read more about this on the name change on social security article.
Hello,
Just got married a few weeks ago please an you tell me who I need to tell.
Regards.
SSA, DMV, and passport are the primaries. Also notify your employer, insurance companies, and utilities. Go through your mail current and future mail stack for who else to notify.
Very informative article! I’m young and still learning how to “adult” and I recently got married. I’ve made most of these steps or are in process of them, but something I can’t find an answer to is when it comes to taxes, should/could my husband and I both claim 0 or does one of us have to claim 1 or do we both have to claim 1. Ultimately, we would prefer a bigger tax return vs. bigger paychecks for saving purposes. Thanks!
Hi Brooke. You may want to take a look at the IRS name change article. You can either submit your taxes as married filing jointly or married filing separately.
Can getting stop a filing
Hi Sanny. Get what to stop what filing? Please clarify.
Hi, I am married now, for some personal reasons, i dont want my parents to know that im married. I am a shared holder insurance with my parents as well. Is it okay that i dont update or notify my marital status to the social security administration or any related organizations until tax file 2020?
Yes, you don't have to update anything.
Will the government system know i am married if I dont update my status? Because I already have marriage certificate.
When your marriage license is returned to the issuing office for recording, they'll know you're married. In some states, the local city or county marriage bureau will forward their recorded marriage records to the state-level vital records division. These are public records.
Only California offers confidential marriage licenses and marriage certificates.
I want to know what I need to do my husband & I are married, but I don’t have my name on none of his properties nor his financial assets! What if something happened to him & I don’t get nothing out of the marriage ☹️??!
Hi Aretha. Changing or not changing your name doesn't affect your marital rights to property. Your marriage certificate proves you're married.
If someone got married but hasn't changed name, or notified social security administration can social services, hud ..etc find out?
Hi Jean. None of those organizations will find out if you haven't changed your name, nor will they care.
My soon to be husband is on Obama care in his fifties. I am in my 70's and retired with Medicare advantage plan. Will we stay as we are or what is your advice?
Even though Obamacare (a.k.a. ACA) open enrollment begins November 1, 2018 and ends December 15, 2018, you don't have to wait until then to get answers. Everyone's situation is different, so it's a good idea to review the HealthCare.gov FAQ or contact a representative to explain your situation. They're open 24 hours a day.
I've heard of people not filing as married on taxes if they get married at the end of the year without penalty from IRS. Will I be penalized if I file as single if I got married mid december?
Do you know about how getting married would affect school and fasfa if you're going into your last semester?
Two options: married filing jointly or married filing separately. You may want to review the taxes and name change article a look.
Your marital status could affect your FAFSA. Updating your FAFSA record will put it under review.
Of my spouse is on his parents car insurance will it notify them that we got married? We aren't telling people right now.
Hi Dean. No, your spouse's parents wouldn't be notified. It wouldn't be relevant from the insurance company's perspective.
Vakera, I disagree. If the spouse is covered under his parents' car insurance, that coverage ends once he is no longer living with his parents. Dean and his spouse would have to live with his parents in order for the spouse's coverage to continue under his parents' policy.
Hi Janet. Thanks for chiming in.
I am still on my parents medical insurance. Does that change after marriage? Does it notify them? I'd rather keep my marriage a secret for now.
One of the provisions under the Affordable Care Act (a.k.a. Obamacare), you can stay on your parents' medical insurance until you reach the age of 26. Your marital status doesn't matter.
Do you have to update your marital status at your job after you get married?
You might have to, for tax purposes. It's up to your employer.
Awesome list!!
Hi Portia. Glad it was helpful to you. Cheers.