The Rights and Benefits of Being Married if a Partner Dies

The Rights and Benefits of Being Married if a Partner Dies
The Rights and Benefits of Being Married if a Partner Dies

Marriage is a big deal. Marriages change lives and certain rights and benefits come with getting married. Below, we will look at how being married is beneficial, especially if your spouse dies in the USA.

Government Benefits

Spouses can receive Medicare, disability benefits as well as social security through their spouse. They can also receive veteran and military benefits for spouses. These include special loans, payments for education as well as medical care. Married people also get to enjoy some public assistance benefits.

Medical Benefits

Some hospitals have policies that say that only spouses can visit patients in certain parts of hospitals. If you are married, you are not bound by these policies. One of the most difficult medical situations married people find themselves in is that they become healthcare proxies for their loved ones. This means that they get to make medical decisions on their behalf when they are incapacitated or otherwise cannot.

Spouses also get to make decisions on how their loved one will get treated after their death. They also play a huge role in planning the funeral and all other activities that surround their loved one’s burial.

Employment Benefits

A huge employment benefit of being married is that one can get good insurance through their spouse’s employer. In case of illness, the spouse can get time off work to take care of their loved one. They might also get worker’s compensation, wages, and retirement benefits if a spouse dies.

Estate Benefits

Spouses get to inherit part of their partner’s property in case of divorce. Gift and estate tax exemptions apply to spouses who receive property as gifts from their spouse. Spouses also get the chance to live in areas that are reserved for families and they can also renew property and other leases signed for by their spouse.

Following the death of a spouse, be sure to speak to a spousal rights lawyer to know exactly what you are entitled to.

Tax Benefits

Here, spouses can file joint income tax returns. They also get an opportunity to create family partnerships where the government allows them to divide business income among family members.

Consumer Benefits

Most retailers offer family discounts with hospitals, insurance companies and other business types doing the same. Some universities also give spouses tuition discounts and the right to use an institution’s facilities.

Legal Rights and Benefits

Couples can sue a third-party on behalf of their spouse for:

  • Wrongful death
  • Alienation of affection that leads to a failure of a marriage

Spouses also have other rights including:

  • Citing marital communications rights, which means a spouse can decide not to incriminate their partner. A court is also not allowed to force someone to incriminate their spouse if they cite this right.
  • Receiving citizenship
  • Visiting rights in jail


Marriage is a beautiful thing, even though a lot of people would not agree. Marriage bestows on certain rights and has other benefits making it all worth it.


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