Marriage provides for certain rights and benefits, as well as mutual obligations. These rights and obligations relate primarily to inheritance rights, health care, common residence, means of subsistence, social benefits, adoption of a child, tax relief and the right not to testify against the spouse in various proceedings. Fundamentally, relations between spouses are based on mutual respect, trust and mutual assistance.
Residence
As you should decide on common matters in mutual agreement with your spouse, you should agree on the apartment, in which you will live and create a home together. If only one of you is the signatory of the rent agreement, you may not terminate the tenancy without the written consent of the other spouse.
Livelihood
You and your spouse should contribute to support the family in proportion to your abilities. If you have no means of subsistence and are not employed through no fault of your own, you may request that your spouse supports you to the best of his/her ability (and vice versa).
Health care
As the closest person to your spouse under the law, you have the right to make decisions on his/her behalf about significant issues regarding his/her health care in situations where your spouse is not able to do so. Such decisions cover the acceptance or rejection of medical treatment in general or of specific medical methods which can have, for example, considerable side effects.
Your right to decide on such matters is significant, as it affects your spouse’s health and life as well, to a considerable extent. However, you must observe your partner’s previously expressed wishes regarding his/her medical treatment.
Inheritance
You may inherit your spouse’s property on the basis of Inheritance Act, even if there is no last will.
Further, you are entitled to a reserved portion (nujni delež) of your spouse’s inheritance, even if your spouse has decided in the last will to leave his/her property to other persons. You also have the right to challenge the terms of the last will, even if you are not included in it.
Adoption
A couple has the privilege to adopt a child jointly and thus establish a legally recognized family relationship between them as adoptive parents and an adopted child.
A single person may adopt a child only in exceptional cases, if that is in the best interests of the child.
Social benefits
You may receive a sum from your spouse’s state pension which had been calculated but not disbursed at the time of his/her death. You may also obtain the specific allowance for persons whose spouse has passed away (posmrtnina), as well as a funeral allowance in case you cover the costs of your spouse’s funeral (pogrebnina).
Tax relief
Spouses are entitled to certain tax relief. If your spouse is not employed and does not receive a pension, you are entitled to personal income tax relief for his/her maintenance. You also don’t have to pay personal income tax for gifts received from your spouse.
Right not to testify against your spouse
You have the right not to testify against your spouse in court proceedings. These proceedings include pre-trial proceedings in criminal procedures, as well as court proceedings in criminal and minor offences procedures. As a witness in civil and administrative court procedures you have the right to decline an answer to an individual question in case your answer could cause criminal prosecution of your spouse.