Marriage
What These Words Mean
Beneficiary — the person who receives the money from an insurance policy or a will
Spouse — husband or wife
Heir (air) — person who gets someone’s property after that one dies
Will — a legal paper that describes what a person wishes be done with a person’s property after he dies.
Prenuptial Agreement — a contractual agreement between persons who are going to be married. This is a practical means to deal with financial matters in the event of a death or divorce and to protect assets owned at the time of a marriage.
Marriage brings new happiness, but it also brings new duties. This pamphlet will help you understand those legal duties. If you have any questions regarding the legal consequences of marriage and divorce, it is highly recommended that you consult a lawyer prior to your marriage.
Requirements for a Valid Marriage
A marriage causes many legal consequences which affect a couple’s future life together, including: filing tax returns, employment-related benefit programs, the legal right to inherit assets if your spouse dies and, if there is a divorce, issues of support, maintenance (formerly called alimony), child custody and division of property.
When you decide to marry, both of you must go to the local county courthouse to obtain a marriage license well before the actual date of the ceremony. You should call the local county courthouse before going to obtain the marriage license to find out the fee (many counties require cash). You must take with you a form of identification, such as a driver’s license. After applying for your license, there is a short waiting period before you can pick up your license at the courthouse. You must get married within 30 days of the date the license is issued. Missouri does not require blood tests.
Missouri laws place restrictions on certain marriages based on mental capacity and age. For instance, if you or your future spouse were forced to marry, the marriage may not be valid and the law may treat the marriage as if it never existed. In other words, there are certain requirements to marry that must be met, such as age and voluntary consent.
The minimum age one can enter into a valid marriage without parental consent is 18. Teenagers between the ages of 15 and 18 may marry, provided the teenager obtains consent of either a parent or guardian. The parent or guardian must consent to the marriage in person or in writing, stating the residence of the person giving such consent, and said writing must be signed and sworn to before an officer authorized to administer oaths. A person under age 15 must obtain a court order prior to getting married.
The actual marriage may be solemnized by any clergyman, either active or retired, who is in good standing with any church or synagogue in the state of Missouri or by any judge of a court of record other than a municipal or city judge.
Common law marriages do not exist in Missouri. If the relationship began in another state where common law marriages are recognized, Missouri law might recognize a common law marriage.
Support
Both parents have a legal duty to financially support their children. The husband and wife, generally speaking, have a financial duty to support one another, depending upon the circumstances of the marriage. Missouri has guidelines which assist a court, at a divorce, in determining the financial support obligations. Parents do not have any legal obligation to support their children financially after their children marry.
Do You Need to Change Beneficiaries?
You may wish to designate your spouse as beneficiary of your life insurance and other assets for which you may designate a beneficiary. You should speak with your insurance agent or employer regarding any changes in beneficiaries. Designating your spouse as beneficiary of tax-deferred investments, such as 401-Ks, IRAs, Keoghs, tax-deferred annuities, etc., may allow your spouse to continue to defer the income tax on those accounts if they roll the proceeds over into an IRA account of their own in the event of your untimely death.
Property Ownership After Marriage
If you own property before your marriage, you may wish to consult a lawyer prior to your marriage about that property. If you add your new spouse’s name to the property, it is likely that your spouse could be entitled to a portion of that property in the event of a divorce. You may even desire to discuss a prenuptial agreement with the lawyer to set forth how your property would be divided in the event that things do not work out.
Any property that is purchased after the marriage, regardless of how it is titled, is marital property unless it was purchased with money you had before the marriage and you kept the new item titled in your name alone. In the event of a divorce, courts look at the source of funds and other factors to determine how property is divided; however, the general rule to follow is that any income or assets that are generated during a marriage are marital property.
You Have a New Heir
When you marry, each of you becomes the heir of the other. As soon as you have children, they also become your heirs.
A will is a good idea, even if you don’t have much property. If you have children, the only way you can leave all your property to your husband or wife is to have a will that states your wishes.
If you don’t have a will, you will have no say in how property is divided.
If your will excludes your spouse and children, Missouri law provides that despite this exclusion, your spouse and children have certain rights to your estate which may be enforced after your death.
If you have children, your will can designate who should care for them if you and your spouse both die.
Changing Your Name
A bride may take her husband’s last name, retain her own surname or hyphenate both her own surname and her husband’s surname. Example: Mary Smith marries Jack Jones. She may wish to be known as Mary Jones, Mary Smith or Mary Smith- Jones. Likewise, a bride who wishes to take her husband’s last name may retain her given middle name or use her own surname as a middle name.
If you take a new name, you should tell:
• The federal government for your social security records.
• Your employer and your spouse’s employer. It will make a difference in your income tax.
• The city hall if you have moved and want to vote in the next election.
• The bride should notify the auto license office within 10 days after the wedding. They will make her a new license for a small charge.
If, at the time of your marriage, you do not take your spouse’s name and later change your mind, you can file a petition for change of name with the court.
Buying on Time/Use of Credit
Marriage creates many new financial obligations. The Missouri Bar has a pamphlet called “Buying On Credit,” that will explain the cost of buying cars, furniture, appliances or other household goods on credit.
Buying a Home
If you plan to buy a home, you may want a lawyer to help you:
• write your offer to buy;
• check the title;
• check the contract before you sign it.
The Missouri Bar has a free pamphlet called "Buying a Home". It may answer some questions you have about buying your own home.
Keeping Records
You need to keep in a safe place:
• your insurance policies
• your marriage certificate
• your birth certificate
• church certificates
• your contracts
• your children’s birth certificates
• your judgment of dissolution
• your will
Pay your bills by check if you can, and keep the cancelled checks. These are important records.
If You Need Help Finding a Lawyer
If you need help finding a lawyer, call The Missouri Bar Lawyer Referral Service at 573/636-3635.
In St. Louis, call
314/621-6681
In Kansas City, call
816/221-9472
In Springfield, call
417/831-2783