Greetings Customer (name blocked for privacy):
You're very welcome for the information, and thank you for responding - I'm sorry I didn't quite fully understand your question.
Legally taking on your married name has many benefits...which is outlined below - As far as the process is concerned, it's just a matter of obtaining the information as stated in my original post.
Personally speaking, I only see one real personal disadvantage and that would be should you have children - what name would you give the child....what will the birth certificate read? Yes, you can always file for a name change on the birth certificate but that is an added cost to you and it takes time to process....certainly, it's up to you as to how you wish to handle this matter.
There may be certain public disadvantages viewing it as a form of discrimination......Note that State law prohibits discrimination based on marital status in housing and places of public accommodation, such as hotels, and other businesses. Landlords and businesses may not refuse to serve you because you may be viewed as unmarried. However, you may run into certain things like this (to a degree) as they do occur in life so this may pose certain obstacles and challenges for you.
Granted you are married, but without proper name change, the following may be considered a disadvantage:
Some of the benefits vary from state to state, but the list typically includes:
Tax Benefits
- Filing joint income tax returns with the IRS and state taxing authorities.
- Creating a "family partnership" under federal tax laws, which allows you to divide business income among family members.
Estate Planning Benefits
- Inheriting a share of your spouse's estate.
- Receiving an exemption from both estate taxes and gift taxes for all property you give or leave to your spouse.
- Creating life estate trusts that are restricted to married couples, including QTIP trusts, QDOT trusts, and marital deduction trusts.
- Obtaining priority if a conservator needs to be appointed for your spouse -- that is, someone to make financial and/or medical decisions on your spouse’s behalf.
Government Benefits
- Receiving Social Security, Medicare, and disability benefits for spouses.
- Receiving veterans' and military benefits for spouses, such as those for education, medical care, or special loans.
- Receiving public assistance benefits.
Employment Benefits
- Obtaining insurance benefits through a spouse's employer.
- Taking family leave to care for your spouse during an illness.
- Receiving wages, workers' compensation, and retirement plan benefits for a deceased spouse.
- Taking bereavement leave if your spouse or one of your spouse’s close relatives dies.
Medical Benefits
- Visiting your spouse in a hospital intensive care unit or during restricted visiting hours in other parts of a medical facility.
- Making medical decisions for your spouse if he or she becomes incapacitated and unable to express wishes for treatment.
Death Benefits
- Consenting to after-death examinations and procedures.
- Making burial or other final arrangements.
Family Benefits
- Filing for stepparent or joint adoption.
- Applying for joint foster care rights.
- Receiving equitable division of property if you divorce.
- Receiving spousal or child support, child custody, and visitation if you divorce.
Housing Benefits
- Living in neighborhoods zoned for "families only."
- Automatically renewing leases signed by your spouse.
Consumer Benefits
- Receiving family rates for health, homeowners', auto, and other types of insurance.
- Receiving tuition discounts and permission to use school facilities.
- Other consumer discounts and incentives offered only to married couples or families.
Other Legal Benefits and Protections
- Suing a third person for wrongful death of your spouse and loss of consortium (loss of intimacy).
- Suing a third person for offenses that interfere with the success of your marriage, such as alienation of affection and criminal conversation (these laws are available in only a few states).
- Claiming the marital communications privilege, which means a court can’t force you to disclose the contents of confidential communications between you and your spouse during your marriage.
- Receiving crime victims' recovery benefits if your spouse is the victim of a crime.
- Obtaining domestic violence protection orders.
- Obtaining immigration and residency benefits for noncitizen spouse.
- Visiting rights in jails and other places where visitors are restricted to immediate family.
Marriage Rights and Benefits - Nolo
Looking at another point of view (as an advantage) should any debts be incurred by your husband, collection agencies will also seek spousal assets.
This information is not intended to be legal advice regarding your particular question, and it is not intended to replace the work of an attorney. It's strictly based on my experience as a legal secretary/paralegal. Thus, I would suggest contacting an immigration attorney to discuss this matter in greater detail.
Concerning this site, if you feel that my response has been helpful, please click on the "Accept" button.
Should you have any further questions, please do not hesitate to contact me. I am here to assist you.
Please take care. My very best to you and your husband, family/loved ones.
Bright Blessings.
Peace, Love & Happiness,
The Mystic Wave
Edited by TheMysticWave on July 18 2004 at 1:34 PM
New Age/Metaphysical Practitioner, Gifted Psychic/Spiritualist/Empath (Tarot/Numerology/Dreams/Herbal Healing, etc.)
Legal Secretary/Paralegal(Personal Injury, Medical & Legal Malpractice, Criminal & more)