Partners Task Force - Marriage Rights New York

While all states generally cover similar legal areas, there are state-by-state differences. Besides the state laws, the U.S. Federal system also has more than 1,138 laws which are triggered by legal marriage. [See U.S. Federal Laws for the Legally Married.]

Estate, Powers and Trust Law, section 5-1.1-A — Right of Election by a Surviving Spouse.
EPTL, section 5-1.2 — Disqualification as Surviving Spouse; sets penalty for spouses that don't support the other spouse as per a legal duty.
EPTL, section 5-1.3 — Revocatory effect of Marriage after execution of will.
EPTL, section 5-3.1 — Exemption for benefit of family.
EPTL, section 5-3.4 — Action in supreme court by child and by surviving spouse.
Abandon Property Law, section 206(1)(b) — Surviving spouse may present petition for escheated lands.
Abandon Property Law, section 208(2) — Conveyance of escheated to surviving spouse to be done without consideration.
Abandon Property Law, section 600(1)(c) — Money paid in support of spouse still with county treasurer defined as abandoned property.
Banking Law, section 4 — Release of information on spouse of inmate in state correctional facility to certain authorities.
Banking Law, section 397(2)(b)(3) — Ineligibility of spouse to serve as director of savings and loan association.
Banking Law, section 246(4) — Ineligibility of spouse to serve as trustee of savings bank.
Benevolent Order Law, section 7 — Allows certain benevolent orders to unite to provide a home for indigent members and their spouses.
Civil Practice Law and Rules, section 4101(2) — Action for dower as a triable issue before a jury.
CPLR, section 4502 — Privileged communication between spouses.
CPLR, section 4504(c) — Waiver of confidential information privilege of deceased patient by surviving spouse.
CPLR, section 4519 — Personal transaction or communication between witness and decedent or lunatic.
Civil Rights Law, section 80-b — Recovery of property transferred in contemplation of marriage.
Civil Service Law, section 164 — Health insurance coverage for spouse.
Civil Service Law, section 165-a — Continuation of state health insurance plans for survivors of state employees.
Correction Law, section 320 — Spouse of life-imprisoned inmate may apply for appointment of committee of estate.
Correction Law, section 500-b — Spouses may be housed together.
Correction Law, section 113 — Inmate confined may attend funeral or deathbed of spouse.
Correction Law, section 402 — Notice of petition to commit mentally ill inmate to be served on spouse.
Correction Law, section 472 — Death benefits for state department of correction employees' spouses.
Correction Law, section 351 — Spouse as one who may apply as trustee of inmate confined for less than life.
Correction Law, section 359 — Trustee of inmate to apply surplus moneys for support of spouse and children.
Domestic Relations Law, sections 50 through 61 — Certain rights and liabilities of spouses.
Domestic Relations Law, section 81 — Appointment of guardians by parent.
Domestic Relations Law, section 117 — Adoption by stepparent does not terminate natural parent's rights.
Domestic Relations Law, section 110 — Adult spouse may adopt together.
Education Law, section 663 — Income, a determinate of amount of awards.
Election Law, section 10-106 — Spouse of military voter may register or him or her.
Election Law, section 15-120 (c) — Spouse may vote as absentee voter.
Election Law, section 14-114 — Contribution and receipt limitation to candidates for election to public office.
Executive Law, section 624 — Eligibility of surviving spouse of crime victim to receive crime victim's award.
Executive Law, section 214 — Preferred right of surviving spouse of state police officer killed in the line of duty to enroll in training school.
Executive Law, section 227-a — Death benefits for a surviving spouse of member of division of state police.
Executive Law, section 626 — Eligibility for counseling costs as spouse of sex crime victim.
General business Law, section 32 — Peddler's license, to surviving spouse of veteran.
General City Law, section 20 (29-a) — Health insurance for surviving spouse of city employee killed in performance of duty.
General City Law, section 25-a — Personal income tax of married persons.
General Municipal Law, section 148 — Burial of members of the armed forces of the United States and their families; headstones.
General Municipal Law, section 163 — Cemetery lot owner's rights, surviving spouse to have possession, care and control of lot during surviving spouse's life.
General Municipal Law, section 146 — Devise or bequest for more than one-half of testator's estate may be contested by surviving spouse.
General Municipal Law, section 205 — Payments to injured or representative of deceased volunteer firefighter.
General Municipal Law, section 205-a — Action against person causing injury in wrongful injury or death of firefighter.
General Obligations Law, sections 3-301 to 3-315 — General obligation provisions relation to married persons.
General Obligations Law, section 5-311 — Certain agreements between spouses void.
General Obligations Law, section 11-101(2) — Compensation for injury caused by illegal sale of intoxicating liquor.
General Obligations Law, section 3-102 — Obligations of certain minors for hospital, medical and surgical treatment and care.
General Obligations Law, section 3-103 — Contracts pursuant to the “Servicemen's Readjustment Act of 1944” as amended.
General Obligations Law, section 3-101(3) — Infants, contractual powers with regard to real property upon marriage.
Indian Law, section 3 — Marriage laws of State apply to Indians.
Insurance Law, section 2103(i)(1) — Refusal or revocation of agent's license where certain percentage of commissions will be made from insuring property and risks of spouse.
Insurance Law, section 3205 — Insurance of spouse without consent.
Insurance Law, section 3212(b)(2) — Conversion privilege of surviving spouse in regard to group or blanket accident and health insurance.
Insurance Law, section 4216(f) — Inclusion of spouse in group life insurance.
Insurance Law, section 3220(a)(5) — Facility of payment clause for group or industrial life insurance.
Insurance Law, section 3207(a) — Minor insured's spouse as life insurance beneficiary.
Labor Law, section 593(1)(b) — Disqualification for benefits after voluntary separation from last employment due to marriage.
Mental Hygiene Law, section 43.03 — Spouses liable for fees for services of Department of Mental Hygiene.
Military Law, section 309 — No eviction of spouse of tenant in military service except upon leave of court.
Military Law, section 214(5) — Retired officers' compensation goes to surviving spouse.
Military Law, section 217(2) — Surviving spouse to receive pension, should organized militia member die.
Military Law, section 250-a — Designation of surviving spouse to dispose of remains of deceased member of organized militia.
Not-for Profit Corporation Law, section 1401(bb) — Consent of spouse to removal of body from cemetery.
Penal Law, section 255.15 — Bigamy.
Penal Law, section 255.17 — Adultery.
Real Property Actions and Proceedings Law, section 405 — Effect of remarriage on valuing interest in property.
Real Property Actions and Proceedings Law, sections 1402(4), 1403(1) — service of notice of foreclosure sale on spouse of mortgagor.
Real Property Actions and Proceedings Law, sections 1001 -1093 — Action for dower.
Real Property Actions and Proceedings Law, section 460 — Exemption of property owned by clergyman's un-remarried surviving spouse.
Real Property Tax Law, section 428 — Exemption of property used for care of surviving spouse of members.
Real Property Tax Law, section 928 — Payment of tax on principal residence in two installments.
Real Property Tax Law, section 458 — Exemption of property purchased with veteran's eligible funds.
Real Property Tax Law, section 467 — Exemptions when one spouse is 65 or over.
Real Property Tax Law, sections 190-207 — Dower and courtesy.
Retirement and Social Security Law, section 90(a) — Election of options by spouse of incompetent member.
Retirement and Social Security Law, sections 61(d), 361(d) — Death benefits to surviving spouse.
Retirement and Social Security Law, section 162 — Eligibility of surviving spouse for supplemental pensions.
Retirement and Social Security Law, section 78(h) — Supplemental retirement allowances for surviving spouse.
Rural Electric Co-operative Law, section 19(e) — Only one spouse eligible as director of rural electric co-operative.
Social Services Law, section 169 — Assistance to veteran's spouse.
Social Services Law, sections 101, 105 — Support of persons receiving public assistance.
Tax Law, section 606 — Household gross income of spouse defined.
Tax Law, section 1115 — Exemption from sales and use tax of sale of motor vehicles between spouses.
Tax Law, section 658 — Fraud by spouse.
Tax Law, sections 1005,1009 — Gift tax, marital deduction.
Tax Law, section 607(b) — Marital status defined.
Tax Law, section 601 — Tax calculation for married couples, heads of households and unmarried individuals.
Tax Law, section 651(b) — Relief from liability of spouse signing joint return.
Volunteer Firemen's Benefit Law, section 7 — Death benefits payable to surviving spouse.
Volunteer Firemen's Benefit Law, section 18 — Payment of accrued benefits to surviving spouse.
Volunteer Firemen's Benefit Law, section 10(2) — Award payment to surviving spouse for permanent, partial disability after death of claimant.
Worker's Compensation Law, section 121-a — Marriage certificates, proof of dependency in foreign countries.
Worker's Compensation Law, sections 16, 27(4,5), 29(2) — Second marriage for surviving spouse of employee.
Worker's Compensation Law, sections 15(4), 33, 236 — Accrued disability benefits.
Worker's Compensation Law, sections 305(4), 310, 312 — Benefits after death of civil defense volunteer.
Constitution of New York State, Art. VI, section 13-b — Crimes between spouse may be heard in family court.