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Roger, Attorney
Category: Legal
Satisfied Customers: 31685
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am a heterosexual female who has been in a committed relationship

Resolved Question:

I am a heterosexual female who has been in a committed relationship with a man for five years. We would like to get married but my partner receives a death benefit annuity from his deceased wife's estate that prohibits him from remarrying before age 55. He is currently 50. We would like to have a religious ceremony and live in one household but do not want to jeopardize the annuity by getting married legally. Is this against the law? We live in the State of Maryland.
Submitted: 6 years ago via USmarriagelaws.
Category: Legal
Expert:  Roger replied 6 years ago.

Hi - my name is XXXXX XXXXX I'm a litigation attorney here to assist you.


It is legal to have the condition on the death benefit, so he definitely doesn't need to remarry if he wants to keep the annuity.


However, you can certainly have an unofficial ceremony - you just can't apply for and get a marriage license.

Customer: replied 6 years ago.
I know that I can have an "unofficial" or "religious" ceremony but will that create any issues for us with either the IRS or any other state/federal government agency? We will file separate tax returns as "single" or "head of household" but will live in the same residence. Also, what do you recommend in terms of powers of attorney, living wills and other agreements that would allow us to handle each other's affairs in the event of an emergency/incapacitation? Thank you.
Expert:  Roger replied 6 years ago.

No, it won't cause any trouble anywhere because you're not making any legal change to anything - you're still not going to be legally married.


You can have a power of attorney and living will for each other - that's no problem. There's no requirement for you to be married or related in any way to serve in that capacity.


You should be fine in doing all these things.

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