Rights and obligations of spouses

Marriage provides certain rights and benefits that are not available to couples who are not in a legally recognized relationship (de facto relationship). These benefits primarily relate to inheritance rights, health care, social benefits, adoption of a child, tax exemption and the right not to testify against the spouse in various proceedings.

The health

As your spouse’s closest legal representative, you have the right to make decisions on his or her behalf about significant health care issues in situations where your spouse is unable to make this thing. Such decisions cover the acceptance or rejection of medical treatment in general or of specific medical methods that may have, for example, considerable side effects. You will also be the first person to be informed when your spouse has stopped medical treatment and left a medical facility.

Your right to decide on such matters is significant as it also affects your husband’s health and life to a considerable extent. However, you must respect your partner’s previously expressed wishes regarding medical treatment.

Property and inheritance

As a general rule, assets acquired by spouses during marriage are their joint property until, according to the law or the contract concluded between them, another legal regime is established for these assets.

You can inherit your spouse’s assets under the Civil Code even if there is no last will or testament. An unmarried partner, on the other hand, must be specifically named in the last will and testament in order to inherit from their partner.

In addition, you would be entitled, under certain conditions, to a reserved share of your spouse’s inheritance, even if your spouse decided in his last will to leave his property to others, provided that your spouse had a maintenance obligation pecuniary against you. These rights are not available to unmarried partners.

Adoption

Only a married couple has the privilege to jointly adopt a child and thus establish a legally recognized family relationship between them as adoptive parents and adopted child.

Social benefits

You may receive an amount from your spouse’s state (or service) pension that was calculated but not paid at the time of their death. You can also get the specific allowance for people whose spouse has died, as well as a funeral allowance in the event of the death of your spouse. There are also additional social benefits for people whose spouse has performed public service, for example military service .

IMPORTANT Social benefits related to pregnancy and the parent-child relationship do not depend on the fact of marriage.

Tax exemption

Spouses are entitled to certain tax exemptions. If your spouse does not benefit from personal tax relief and is considered a vulnerable person under the Fiscal Code , you are entitled to additional income tax relief.

The right not to testify against your spouse

You have the right not to testify against your spouse in court proceedings. These proceedings include preliminary proceedings in criminal proceedings, as well as judicial proceedings in civil, criminal, administrative and contravention proceedings.