Julian Drago
October 1, 2025
The concept of marital status goes far beyond a simple box on a form. It defines your legal relationship with the state and can directly influence your rights, obligations, and even how you file your taxes. Understanding what marital status means is key to complying with U.S. regulations and avoiding mistakes in legal or tax procedures — especially if you’re planning to live, work, or start a business in the country.
Marital status refers to the legal condition that describes your relationship under U.S. law. It indicates whether you are married, single, separated, divorced, or widowed — and determines how the government, financial institutions, and tax authorities recognize your legal position.
This information doesn’t just impact your personal life. It also carries practical implications. For instance, the Internal Revenue Service (IRS) uses your marital status to define how you must file your tax return, which deductions you can claim, and which benefits you’re eligible for.
U.S. law recognizes several forms of marital status, each with different legal consequences. Knowing them helps you act correctly in your personal, financial, and business procedures.
A person is single if they have never been married or if their marriage was annulled. Single individuals have full control over their assets, legal decisions, and tax filings. Even if you are in a relationship or engaged, you remain legally single until your marriage is formalized.
Being married means you are in a legally recognized union validated through a marriage license and certificate. Married couples may file joint tax returns, inherit their spouse’s property, and access family insurance or pension benefits.
Marriage laws are regulated at the state level, so the rules and requirements may vary depending on where you live.
Separation occurs when spouses live apart but remain legally married. In some states, couples can request a legal separation, which sets out agreements on property division, alimony, or child custody without finalizing a divorce. Until the separation becomes a divorce, neither party can remarry.
Divorce is the legal dissolution of marriage. Once finalized, both parties regain their civil independence and can remarry if they wish. However, some legal obligations may remain — such as spousal support or shared property arrangements.
It’s also crucial to update legal documents like wills, insurance policies, and powers of attorney after a divorce.
The widowed status applies when one’s spouse has passed away. Although the individual becomes legally single, they may inherit their spouse’s assets and liabilities. Widowed individuals are free to remarry but should review and update their estate planning documents accordingly.
Some states — including Texas, Colorado, and Iowa — recognize common-law marriage, in which two people live together, present themselves as a couple, and share responsibilities without obtaining a marriage license.
These unions grant similar rights to a traditional marriage, though recognition varies by state. States that don’t allow new common-law marriages still recognize those formed in jurisdictions where the practice is legal.
Your marital status directly affects several legal and financial aspects of your life, including:
If you’re married or divorced abroad, it’s essential to verify how your status is recognized under U.S. law before signing official documents or forming a company.
The IRS recognizes five categories of marital status for tax purposes:
Your selection must match your legal status as of December 31 of the tax year. Declaring an incorrect status can affect your refund, trigger penalties, or make you lose access to valuable tax benefits.
Although they may sound similar, marital status and relationship status are not the same.
Your relationship status describes your personal life, while your marital status has legal recognition. For instance, living with a partner does not automatically make you married — unless you live in a state that recognizes common-law marriage.
1. Why is marital status important for taxes?
Because the IRS uses your marital status to determine your filing type, deductions, and tax benefits. Married couples often gain advantages when filing jointly.
2. Does being engaged change my marital status?
No. Engagement is a personal agreement, not a legal condition. You remain single until your marriage is officially registered.
3. What happens if I declare the wrong marital status?
Filing under the wrong status can lead to IRS penalties or processing delays. Always report the status that reflects your legal situation at the end of the tax year.
4. What’s the difference between separated and divorced?
Separated couples remain legally married, while divorce legally ends the marriage.
5. Are common-law marriages valid in all states?
All states must recognize valid common-law marriages established in other jurisdictions, even if they don’t allow new ones within their own borders.
Declaring your marital status accurately ensures consistency across your legal, tax, and business records. This information may influence how you register a company, open a business bank account, or file your annual tax reports.
If you’re planning to start a business in the United States, ensuring your personal and legal information is correctly documented will help you avoid administrative or tax complications later on.
At Openbiz, we help entrepreneurs from around the world form their companies in the U.S. with complete legal and fiscal support. Our team guides you through registration, documentation, and compliance — tailored to your personal and business situation.
Contact us today and take the first step toward building your U.S. company with expert guidance.
Concierte una reunión virtual gratuita con nuestro equipo de expertos.
Programar una reunión
Compare precios y elija el plan ideal para su empresa.
Ver planos y precios