What Is Marital Status
Marital status is your legal relationship classification: married, single, divorced, or widowed. In divorce proceedings, this designation controls which financial and custodial rights apply to you, what assets you can claim, and whether you qualify for spousal support or alimony.
Marital Status During and After Divorce
Your marital status changes at a specific moment during the divorce process. In most states, you remain legally married until a judge signs the divorce decree, even if you've been separated for years. This timing matters because it determines what counts as marital property subject to division.
Some states allow bifurcation, which splits the divorce into two stages. In this process, your marital status changes to "divorced" at the end of the first stage, while property division and support issues are resolved separately later. This can be strategically useful if you want to remarry before finalizing financial issues.
The date of legal separation also carries weight in certain jurisdictions. California, for example, recognizes legal separation as a distinct status that affects spousal support calculations and community property claims, even though you're technically still married.
How Marital Status Affects Your Case
- Property division: Only assets acquired during the marriage are subject to division in community property states (California, Texas, Arizona, and others). Assets acquired before marriage or after legal separation typically belong to the spouse who acquired them.
- Spousal support: Your marital status determines eligibility. Support terminates automatically in many states if the receiving spouse remarries, though the status change must be reported to the court.
- Custody and child support: Marital status affects tax filing status and dependent claims. The parent with primary custody typically claims the child as a dependent starting the year the divorce is finalized.
- Health insurance: Once your marital status changes to divorced, you lose coverage under your spouse's employer health insurance plan (though COBRA protections may apply for up to 36 months).
- Social Security and retirement benefits: If you were married at least 10 years, your divorced status allows you to claim spousal benefits based on your ex-spouse's earnings record at age 62, provided you haven't remarried.
State-Specific Considerations
Marital status rules vary significantly by state. Community property states recognize all income earned during marriage as jointly owned property, regardless of whose name appears on the account. Equitable distribution states divide marital property fairly but not necessarily equally. The date your marital status officially ends affects how much of your spouse's income or assets qualify for division.
Some states also recognize common-law marriage or putative spouse status, which means you may still be considered married even without a formal ceremony. This directly impacts whether you can file for divorce and claim marital property rights.
Common Questions
- When does my marital status officially change to divorced? Your status changes on the date the judge signs the divorce decree. This is not the filing date or the settlement agreement date, but the actual date the court enters the final order. You'll need a certified copy to prove this status to banks, employers, and government agencies.
- Does marital status affect my children's health insurance? Yes. Your children's coverage under your employer plan typically remains valid until age 26 regardless of divorce status. However, your ex-spouse's coverage ends when your marital status changes, unless they purchase individual coverage or enroll in a marketplace plan.
- Can I remarry before my divorce is final? No. You remain legally married until the divorce decree is signed. If you marry before that date, your second marriage is void in most states. However, with bifurcation, your marital status can change to divorced before property division is complete, allowing remarriage during settlement negotiations.