We Are Married, What Legal Duties Do I Owe My Spouse?
Legal Duties for Spouses
You might be surprised to learn under Ohio law that just the act of marriage can subject you to both civil and criminal penalties if you don’t properly support your spouse. You actually have quite a few support obligations during a marriage.
Support Obligations
In a Nutshell: When people get married, they promise to help and take care of each other. This rule applies to both husbands and wives, and they must use their money or work to support themselves and their spouse. If one person can't do this, the other person should try to help as much as they can.
Doctrine of Necessaries
If one spouse doesn't provide enough support for the other, someone else can step in and provide essential things like food, medicine, clothes, or a place to stay. They can ask the neglectful spouse to pay for these things, but only if the neglectful spouse has the ability to pay.
Funeral Expenses
When a spouse dies, the living spouse is responsible for paying for their funeral. This is because they're supposed to take care of each other even after death. However, if the deceased spouse already paid for their funeral before they died, the living spouse doesn't have to pay again.
Effect of Abandonment
If a spouse abandons their partner without a good reason, someone else can still provide necessary things for the abandoned spouse. They can ask the abandoning spouse to pay for these things unless the abandonment was justified.
Resident of State Institution
Even if a spouse is in a hospital or other state-run institution, their partner might still be responsible for their support. This means they might have to help pay for the care of their spouse while they're in the institution.
Criminal Prosecution for Nonsupport
If a spouse doesn't provide enough support for their partner and abandons them, it's considered a crime. They could be charged with a misdemeanor for not fulfilling their responsibilities as a spouse.
Marriage comes with legal responsibilities to support and take care of each other, and failing to do so can have serious consequences.
If you need assistance with understanding your legal duties as a spouse or have questions about spousal support, contact our office to schedule a consultation.
This blog was drafted by Nicholas P. Weiss, founder of NP Weiss Law, who represents families, individuals, and businesses in northeast Ohio. For more information about Nick, you can visit his bio page.
This article is meant to be utilized as a general guideline. Nothing in this blog is intended to create an attorney-client relationship or to provide legal advice on which you should rely without talking to your own retained attorney first. If you have questions about your particular legal situation, you should contact a legal professional.
