{"id":941,"date":"2013-07-18T22:21:00","date_gmt":"2013-07-18T22:21:00","guid":{"rendered":"http:\/\/admin.patheos.com\/blogs\/janetheactuary\/2013\/07\/there-are-1138-statutory-provisions.html"},"modified":"2013-07-18T22:21:00","modified_gmt":"2013-07-18T22:21:00","slug":"there-are-1138-statutory-provisions","status":"publish","type":"post","link":"https:\/\/www.patheos.com\/blogs\/janetheactuary\/2013\/07\/there-are-1138-statutory-provisions.html","title":{"rendered":"There are “1,138 statutory provisions"},"content":{"rendered":"\n<\/head>

in which marital status<\/a> is a factor in determining benefits, rights, and privileges.\u201d Turns out it was pretty easy to find a summary in Wikipedia of the \u201cRights and responsibilities of marriages in the United States\u201d<\/a>.\u00a0 <\/p>\n

So this is my plan:\u00a0 look at this list (copied over directly from the above Wikipedia article), and think about which of these rights and benefits are appropriate for the \u201cany two people\u201d-type marriage and which really only make sense in the context of a mother and father raising a family (typically meaning that one of the two forgoes income permanently or temporarily due to caregiving responsibilities), and which I\u2019m not sure of (which I think will be a large category \u2014 looking at the list, I\u2019m not sure what all of these are about!).
\u00a0<\/p>\n

************************<\/div>\n
Right to benefits while married: <\/div>\n
    \n
  • Employment assistance and transitional services for spouses of members being separated from military service; continued commissary privileges <\/li>\n
  • Per diem payment to spouse for federal civil service employees when relocating<\/li>\n
  • Indian Health Service care for spouses of Native Americans (in some circumstances)<\/li>\n
  • Sponsor husband\/wife for immigration benefits\u00a0 This is already an interesting one, since I have personal experience with this.\u00a0 <\/span><\/li>\n<\/ul>\n
    \u00a0\u00a0<\/div>\n
    Larger benefits under some programs if married, including: <\/div>\n
      \n
    • Veteran\u2019s disability\u00a0 Only makes sense in the case of a dependent spouse<\/span><\/li>\n
    • Supplemental Security Income\u00a0 This doesn\u2019t seem like it belongs in this category.\u00a0 This is a means-tested benefit and (I believe) the benefit for a couple is something like 150% of a single person\u2019s benefit.\u00a0 I think Wikipedia really means disability benefits, which are larger for married couples (e.g., assuming a dependent spouse).<\/span><\/li>\n
    • Disability payments for federal employees\u00a0 Really?\u00a0 I hope this is wrong \u2014 if so, this is another instance of government generosity in employee benefits out of the norm of the private sector.<\/span><\/li>\n
    • Medicaid\u00a0 This also looks wrong \u2014 this is another means tested welfare benefit, where two unmarried individuals are more likely to qualify.<\/span><\/li>\n
    • Property tax exemption for homes of totally disabled veterans\u00a0 Does this just mean that the couple receive this benefit for jointly owned property?<\/span><\/li>\n
    • Income tax deductions, credits, rates exemption, and estimates\u00a0 This is misleading.\u00a0 In the case of a dependent spouse (that is, a housewife or part-time earner), taxes are generally lower filing jointly; for two earners with roughly similar salaries, there is generally a marriage penalty.<\/span><\/li>\n
    • Wages of an employee working for one\u2019s spouse are exempt from federal unemployment tax\u00a0 and, presumably, similarly ineligible for unemployment benefits, if the business fails.<\/span><\/li>\n<\/ul>\n
      \u00a0Joint and family-related rights: <\/div>\n
        \n
      • Joint filing of bankruptcy permitted\u00a0 I don\u2019t think I would call this a \u201cright\u201d \u2014 I would think it would be a disadvantage, that it would be pretty common that one party would have debts and the other assets, and joint filing means losing instead of protecting those assets, however minimal.<\/span><\/li>\n
      • Joint parenting rights, such as access to children\u2019s school records\u00a0 is this really a right pertaining to marriage?\u00a0 Unless the step-parent has this access, it\u2019s simply a right of parents to access their children\u2019s records.<\/span><\/li>\n
      • Family visitation rights for the spouse and non-biological children, such as to visit a spouse in a hospital or prison\u00a0 yeah, sure, fine.\u00a0 I guess \u201cnon-biological children\u201d means the step-children?<\/span><\/li>\n
      • Next-of-kin status for emergency medical decisions or filing wrongful death claims\u00a0 OK<\/span><\/li>\n
      • Custodial rights to children, shared property, child support, and alimony after divorce\u00a0 custodial rights and child support are based on each partner being a parent to a child from the marriage, not based on marriage itself \u2014 these same rights exist even when it\u2019s a cohabiation arragement that falls apart.\u00a0 \u201cShared property\u201d \u2014 fine.\u00a0 Alimony?\u00a0 That\u2019s presumably only granted\u00a0these days\u00a0in cases where a woman stayed home to raise the children.<\/span><\/li>\n
      • Domestic violence intervention\u00a0 This doesn\u2019t sound right \u2014 I don\u2019t find it believable that domestic violence agencies only help women who were married to their abusers.<\/span><\/li>\n
      • Access to \u201cfamily only\u201d services, such as reduced rate memberships to clubs & organizations or residency in certain neighborhoods\u00a0 OK \u2014 these aren\u2019t government benefits\/rights\/programs any more.\u00a0 And I\u2019ve never heard of neighborhoods requiring you to be married to live there!\u00a0 Besides, virtually every \u201cfamily\u201d rate now refers to two adults in a household.\u00a0 <\/span><\/li>\n
      • Preferential hiring for spouses of veterans in government jobs\u00a0 Really?\u00a0 Why would this be?\u00a0 Is the idea that a spouse\u00a0has relocated with the soldier often enough so as cause the resume to suffer \u2014 employers being leery of the frequent job-changing<\/span><\/li>\n
      • Tax-free transfer of property between spouses (including on death) and exemption from \u201cdue-on-sale\u201d clauses.\u00a0 I guess this was what Windsor was all about \u2014 and wouldn\u2019t have been an issue were it not for estate and gift taxes.<\/span><\/li>\n
      • Special consideration to spouses of citizens and resident aliens\u00a0 This is too vague<\/span><\/li>\n
      • Threats against spouses of various federal employees is a federal crime\u00a0 This is a curious one \u2014 I would think a threat against anyone due to their relationship to a federal employee would be a federal crime \u2014 or a similar threat to anyone.\u00a0 (Why should federal employees be treated differently?)<\/span><\/li>\n
      • Right to continue living on land purchased from spouse by National Park Service when easement granted to spouse\u00a0 This sounds more like a contractual agreement than anything else \u2014 unless \u201cpurchased\u201d really means \u201cseized\u201d?<\/span><\/li>\n
      • Court notice of probate proceedings\u00a0 OK, this is a \u201cnext-of-kin\u201d issue<\/span><\/li>\n
      • Domestic violence protection orders\u00a0 ???\u00a0 No, you don\u2019t need to be married to get an order of protection!<\/span><\/li>\n
      • Existing homestead lease continuation of rights\u00a0 No idea what this means.<\/span><\/li>\n
      • Regulation of condominium sales to owner-occupants exemption\u00a0 Likewise, don\u2019t know.\u00a0 Wikipedia is really beginning to disappoint me.<\/span><\/li>\n
      • Funeral and bereavement leave\u00a0 For federal employees?\u00a0 This is more of an employee benefit, then.\u00a0 Or does this just mean that employers typically provide this?<\/span><\/li>\n
      • Joint adoption and foster care\u00a0 Does adoption really work differently (for non-religious agencies, who don\u2019t care about parents\u2019 marital status) for a married vs. unmarried pair?<\/span><\/li>\n
      • Joint tax filing\u00a0 This is a duplicate bullet point.<\/span><\/li>\n
      • Insurance licenses, coverage, eligibility, and benefits organization of mutual benefits society\u00a0 another one that I don\u2019t know what this means.\u00a0 <\/span><\/li>\n
      • Legal status with stepchildren\u00a0 And again \u2014 what is the legal status of step-parent and step-child?<\/span><\/li>\n
      • Making spousal medical decisions OK, fine, this is a next-of-kin sort of thing.<\/span><\/li>\n
      • Spousal non-resident tuition deferential waiver\u00a0 why would a spouse need a non-resident tuition waiver?\u00a0 <\/span><\/li>\n
      • Permission to make funeral arrangements for a deceased spouse, including burial or cremation another next-of-kin issue<\/span><\/li>\n
      • Right of survivorship of custodial trust\u00a0 another next-of-kin issue<\/span><\/li>\n
      • Right to change surname upon marriage\u00a0 well, really, this means \u201cchange surname without a court order\u201d which there\u2019s no harm in.<\/span><\/li>\n
      • Right to enter into prenuptial agreement\u00a0 But can\u2019t any two parties enter into a \u201cprenuptial\u201d agreement, even if it\u2019s just an agreement prior to pooling finances or cohabitating?<\/span><\/li>\n
      • Right to inheritance of property\u00a0 I assume this means \u201cbe considered the next-of-kin in the absense of a will\u201d since anyone can inherit in the case of a will.<\/span><\/li>\n
      • Spousal privilege in court cases (the marital confidences privilege and the spousal testimonial privilege)\u00a0\u00a0are there really good legal principles for this, besides just our legal heritage prescribing it?<\/span><\/li>\n<\/ul>\n
        \u00a0For those divorced or widowed, the right to many of ex- or late spouse\u2019s benefits, including: <\/div>\n
          \n
        • Social Security pension\u00a0 this is based on the assumption that the spouse is dependent on the deceased<\/span><\/li>\n
        • Veteran\u2019s pensions, indemnity compensation for service-connected deaths, medical care, and nursing home care, right to burial in veterans\u2019 cemeteries, educational assistance, and housing\u00a0 really?\u00a0 I wouldn\u2019t have thought that spouses would receive veteran\u2019s medical care, educational assistance, etc.\u00a0 That seems a bit overly generous.<\/span><\/li>\n
        • survivor benefits for federal employees again, based on an assumption of a needy widow<\/span><\/li>\n
        • Survivor benefits for spouses of longshoremen, harbor workers, railroad workers again, based on an assumption of a needy widow<\/span><\/li>\n
        • Additional benefits to spouses of coal miners who die of black lung disease\u00a0 why not benefits for the estate of the deceased?<\/span><\/li>\n
        • $100,000 to spouse of any public safety officer killed in the line of duty\u00a0 again, why not to the estate?<\/span><\/li>\n
        • Continuation of employer-sponsored health benefits\u00a0 I assume this refers to COBRA, which is access only at 102% of full premium.<\/span><\/li>\n
        • Renewal and termination rights to spouse\u2019s copyrights on death of spouse\u00a0 don\u2019t get me started on copyright extensions going to far.\u00a0 <\/span><\/li>\n
        • Continued water rights of spouse in some circumstances\u00a0 what kind of water rights expire upon death?<\/span><\/li>\n
        • Payment of wages and workers compensation benefits after worker death again, shouldn\u2019t this go to the estate?<\/span><\/li>\n
        • Making, revoking, and objecting to post-mortem anatomical gifts\u00a0 another next-of-kin <\/span>issue<\/span><\/li>\n<\/ul>\n
          \u00a0So, all\u00a0in all, I haven\u2019t really learned anything from this list, except that I\u2019m not impressed\u00a0with Wikipedia!\u00a0<\/span><\/div>\n<\/body><\/html>\n","protected":false},"excerpt":{"rendered":"

          in which marital status is a factor in determining benefits, rights, and privileges.\u201d Turns out it was pretty easy to find a summary in Wikipedia of the \u201cRights and responsibilities of marriages in the United States\u201d.\u00a0 So this is my plan:\u00a0 look at this list (copied over directly from the above Wikipedia article), and think […]<\/p>\n","protected":false},"author":2209,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-941","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"yoast_head":"\nThere are "1,138 statutory provisions<\/title>\n<meta name=\"description\" content=\"in which marital status is a factor in determining benefits, rights, and privileges." 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