Marriage legal changes you NEED to know about (in plain English, we promise!)

Marriage legal changes you NEED to know about (in plain English, we promise!)

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You're married! Now that you've gone from "Friends with Benefits" to "Couple Sharing Actual Legal Benefits" there is a lot to do to put your married house in order. Aside from your totally optional name change (and ensuring USPS has your new address), there are a number of tasks that should be completed within 30 days of your wedding. We're here to make it easy...

For most newly married couples, you may have already established your parents or children as the beneficiaries for your estate. Even if you've gone the extra mile and created a "Will" before this point, you need to update the beneficiaries for ALL potential sources of income individually with the relevant institutions to ensure a smooth transition of funds/ownership. Sorry, no one-stop shop, no single form that changes everything. I now pronounce you... about to do A LOT more paperwork.

You get the idea. But fear not, offbeat couples! Here is a handy chart of who EACH of you should update, and for what:

Who You Need to Update

Your Bank and/or Investment Group

Why

Depending on the institution, you may need to update each individual account (checking, savings, etc.) with the beneficiary of your choice. Typically, joint accounts come with "Right of survivorship" for the other account owner automatically, but additional (and sometimes burdensome) documentation is required if you have any individual accounts that you want that person to inherit. Documents like a Power of Attorney aren't always sufficient. Check with your bank or credit union to be sure you have everything arranged the way you want it.

Who You Need to Update

Your 401k (via your employer)

Why

Surprise! It's not just a regular account like those we mentioned before. Federal law in the U.S. actually mandates that your spouse be the beneficiary of your retirement account, and your Human Resources office will help you update this. If you DO NOT want your spouse to be the beneficiary, they may need to sign a waiver to this effect.

Who You Need to Update

Your Long term/Accident/Disability Insurance (via your employer, or the provider directly)

Why

If you've contracted any additional life or care insurance plans, be sure to update the beneficiary for those plans with your employer. Nothing like losing your hand to an alligator on the job, and missing out on that sweet 60% of your regular pay after the fact.

Who You Need to Update

Your Life Insurance (via your employer, or the provider directly)

Why

This is a no-brainer. Again, you don't have to designate your spouse as the beneficiary of your life insurance, but assuming it automatically defaults to them isn't always correct. Check with your employer or insurer to be certain you've filled out the correct paperwork.

Who You Need to Update

Your Health Insurance (via employer, or the state depending on whom you are insured by)

Why

Before you get married, you should sit together and review each of your health plans or "Explanation of Benefits" documents from your respective employers. Take a look at your pay stub and consult with HR to see how much a single vs. married plan will cost you per paycheck-then select the insurance right for both of you. Remember that some benefits, like an HSA, are specific to individuals covered by high deductible plans; and these must be given up if your new spouse has an FSA. Sound complicated? It's not really, just take a breath, and take the time to figure things out sooner rather than later.

Who You Need to Update

Your Tax Filing Status (via your employer first, and also with the IRS or your accountant once you file for the tax year)

Why

Your tax status for the year is based on your marital status as of Dec. 31 st the year you file for. So if you're married as of Dec. 31 st 2016, you will file as married person. You may want to update your "withholding status" to reflect this change and can do so by updating the Form W-4 with your employer.

Remember, even if you do not file your taxes as "Married-Filing Jointly" you will likely file as "Married-Filing Separately." Married couples living in the same household cannot legally claim themselves as single or single heads of household if this is not the case. Consult your HR professional, accountant, and/or the resources available from IRS online. If one or more of you is foreign citizen married to a U.S. citizen, DEFINITELY look in advance for a tax professional to help you through your initial filing. Remember, it can take years for an audit to occur - and THAT MANY tax corrections at once can take a chunk out of that dream anniversary fund.

The good news: the temporary license you were probably issued after your ceremony should be sufficient to accomplish most (if not all) of these tasks. However, it's also good to exchange your Social Security Numbers, as well as copies of your Driver's License or Passport so each of you can make changes more easily without having your spouse present.

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