Explain family law as it exists and works in the United States. What provision does it make for married couples?
What will be an ideal response?
In every country, there are laws that govern marriage, separation, divorce, and parent-child relationships. In the United States, family law establishes policies and regulations to ensure that married or divorced couples fulfill their obligations to each other and to their children. Though specific family laws vary from state to state, these laws were enacted to protect the rights and well-being of all family members. There are contractual obligations of marital parties according to family laws. These marriage laws ensure that (Ventura & Reed, 1998):
- Each spouse financially supports one another, as is their obligation.
- Upon the death of a spouse, the deceased spouse's property must be shared with his or her spouse. In most states the minimum is 1/3 of the estate.
- Each spouse shares equal responsibility in all debts that are incurred while married.
- Each spouse has the right to the deceased spouse's employment, retirement, and government benefits (i.e. Social Security benefits, retirement benefits).
- State property laws are void if spouses negotiate pre- or postnuptial agreements.
Pre- or postnuptial agreements are legally binding agreements between spouses regarding the distribution of assets upon divorce or the death of one or both spouses.
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