Getting Married in New York: The Legal Implications Couples Should Know About

Oct 25

So, you’ve found the one—congrats! You’ve picked out the perfect venue, booked the photographer, and maybe even started planning the honeymoon. But while wedding planning is all about love and celebration, there’s another aspect of getting married that doesn’t make it into the glossy wedding magazines: the legal side.

Yep, getting married comes with legal implications—some romantic, others… less so. Whether you’re tying the knot in your 20s or 30s, in a New York City penthouse or an intimate upstate cabin, there are key legal considerations that every couple should be aware of before they say “I do.”

From the financial impacts to legal rights and responsibilities, let’s take a deep dive into what happens when you go from being single to legally married in the eyes of the law. Here’s what you need to know:

Joint Finances: What’s Yours is Ours… Sort of

One of the biggest changes that comes with marriage is how your finances are treated—especially in New York, a state that follows “equitable distribution” laws. This doesn’t mean everything you own automatically becomes shared, but it does mean that if things go south (hello, divorce), the courts will step in and divide marital assets based on what’s considered “fair,” not necessarily what’s “equal.”

Here’s how it breaks down:

Separate Property: Anything you owned before you got married stays yours, as long as you keep it separate. This includes things like a savings account you had before the wedding, a condo you bought solo, or any inheritance you received.
Marital Property: Any assets acquired during the marriage are considered marital property—whether it’s a joint purchase or not. This includes money earned, property bought, and even some debts. So, if you buy a home together or open a joint bank account, those things will be considered shared.
The key takeaway? Be mindful about merging your finances. While love is priceless, your bank account isn’t, so it’s worth having a discussion about what’s shared and what stays separate before walking down the aisle.

Pre-Nups: They’re Not Just for the Rich and Famous

Let’s be real: no one likes to think about the possibility of a breakup, especially when you’re about to make one of the most romantic commitments of your life. But the reality is that life can be unpredictable. A prenuptial agreement (or “pre-nup”) is one way to protect yourself, your partner, and your assets—whether you're rolling in cash or not.

In your 20s or 30s, you might think a pre-nup is overkill, especially if you don’t feel like you’ve accumulated much yet. But here’s why it might be worth considering:

Protection of Individual Assets: If you’ve got separate property (like a condo or a retirement account), a pre-nup can help ensure that those assets stay yours, even if your marriage doesn’t work out.
Debt Management: Student loans, anyone? If one of you is bringing significant debt into the marriage, a pre-nup can ensure that the other person isn’t left holding the bag in case of divorce.
Future Earnings: In New York, anything earned during the marriage could be considered marital property. A pre-nup can define how future earnings (from your startup, investments, or even a big promotion) will be handled.

It might feel awkward to bring up a pre-nup when you’re planning a future together, but think of it like insurance—something you hope to never use, but it’s there just in case. And if you’re already married but think you could benefit from one, there’s always a post-nup!

Tax Changes: Filing as a Couple

Love may be in the air, but tax season is always around the corner. Getting married changes your tax status, which can either be a big benefit—or a headache, depending on your situation.

Here’s how marriage affects your taxes:

Filing Jointly vs. Separately: Once you’re married, you’ll need to decide if you’ll file your taxes jointly or separately. Filing jointly often results in lower taxes for most couples because you can combine incomes and take advantage of deductions, but for high-earning couples, it could push you into a higher tax bracket (hello, “marriage penalty”). Filing separately can make sense if one spouse has a lot of deductions that they want to keep separate from the other’s income.
Tax Deductions and Credits: As a married couple, you’ll qualify for certain tax deductions and credits, like the Earned Income Tax Credit, which can lower the amount you owe or boost your refund.

Pro tip: When tax season rolls around after your wedding, it’s a good idea to check in with an accountant or tax professional who can help you navigate the best way to file as a couple.

Health Insurance: Choosing the Best Plan

Getting married means you’ll also have the option to switch up your health insurance coverage. If you and your partner both have insurance through your jobs, it’s worth comparing the benefits to see which one gives you better coverage or lower premiums.

Marriage as a Qualifying Event: Marriage is considered a “qualifying life event,” which means you can make changes to your health insurance plan outside of the usual open enrollment period. You have 60 days from your wedding day to add your spouse to your plan or switch to theirs.
Family Plans vs. Individual Plans: Many couples find that one spouse’s insurance plan offers better benefits or lower premiums for adding a spouse. Take the time to weigh the pros and cons of keeping your plans separate or combining under a family plan.

Estate Planning: It’s Time to Update Your Will

Once you’re married, estate planning becomes a key part of your financial life. While it may not be the first thing on your post-wedding to-do list, it’s critical to think about who will inherit your assets and who will make decisions if something happens to you.

Here are some estate planning basics to keep in mind:

Wills: If you don’t have a will yet, now is the time to create one. If you already have a will, you’ll want to update it to reflect your new spouse. Without a will, your assets might not go where you want them to in the event of your death—especially if you have family members or other loved ones you want to provide for.
Healthcare Proxy and Power of Attorney: Once you’re married, it’s important to update your healthcare proxy and power of attorney forms, which allow your spouse to make medical or financial decisions on your behalf if you’re unable to do so. In New York, your spouse doesn’t automatically have this right unless you designate them.
Beneficiary Updates: Make sure to update the beneficiaries on your life insurance policies, retirement accounts, and any other financial assets. You’ll want to ensure your spouse is named as the primary beneficiary (if that’s what you want, of course).

Name Changes: The Legal Process

If you or your spouse decides to change your last name, there’s a bit of legal work involved. In New York, the process is straightforward but requires filing paperwork with Social Security, the DMV, and other places that keep records of your name. Just be aware that name changes can sometimes delay things like getting a new passport or updating your credit cards.

Debt: What Happens to Yours, Theirs, and Ours

If you or your spouse are bringing debt into the marriage—whether it’s student loans, credit card debt, or personal loans—it’s important to understand how that debt is handled once you’re married.

In New York, your individual debt stays your own unless you refinance or co-sign together on a loan. However, any debt you take on as a married couple will be shared, so it’s important to be open about your financial situation and talk about how you’ll manage any existing or future debt.

The Bottom Line: Marriage is a Legal Partnership

Getting married is about love and commitment, but it’s also about forming a legal partnership that comes with rights, responsibilities, and financial considerations. While it might not be the most romantic topic to discuss during wedding planning, understanding the legal implications of marriage is essential for protecting yourself and your spouse. From finances and taxes to estate planning and health insurance, these legal issues will shape your life together—so make sure you’re prepared for this exciting new chapter.

And remember, for any legal questions or guidance, services like Cate are here to help you navigate the fine print and ensure you’re set up for success in your marriage.