OK. Back.
Just to avoid a semantic argument, I assume we both understand that legally, it means whatever the legislature and courts say it means, and you aren't looking for a discussion of whether or not we each have an understanding of current marriage law. I'm assuming you are asking what I think legal marriage ought to be.
I started writing out some legalese about what marriage ought to be like, but I remembered a much better expression of it. A quick trip to google revealed the following. The language is a bit dated, so we'll revise it a little. It may sound familiar.
Do you GROOM'S NAME take BRIDE'S NAME to be your wife – to live together after God’s ordinance – in the holy estate of matrimony? Will you love her, comfort her, honor and keep her, in sickness and in health, for richer, for poorer, for better, for worse, in sadness and in joy, to cherish and continually bestow upon her your heart’s deepest devotion, forsaking all others, keep yourself only unto her as long as you both shall live?
Ok. We'll have to revise and explain, but before we proceed, I want to make it absolutely clear that I want those vows to have
legal force. Not sentiment. Not social. Not religious. You say them in front of witnesses so that they have legal meaning.
Old fashioned? You bet your sweet bippy.
Ok, we have to revise and explain. Revisions first. We have to get rid of God. That's a no brainer for a legal agreement in the US. And of course this is the 21st century so we'll get rid of all gender specific references.
Now some explanations:
love her: Unless you both agree to celibacy, that means you have sex. Since there's going to be sex involved, let's leave out siblings, parents, etc. That's just too icky.
Comfort, honor: If you are abusive or neglectful, the contract's off.
Keep: No abandonment.
Sickness and in health: No cutting and running when the going get's tough. Likewise with better and worse, sadness and joy.
Richer and poorer: That's a special case of the above, but with an added stipulation. It's impossible for one partner to be rich while the other is poor. How you manage your finances is your business, but you are sharing your property. Fully defining exactly how much control a spouse can keep over her own stuff is too difficult to go into here. For the most part, though, you're an item. If she's rich, he's rich. If she's poor, he's poor.
Bestow your heart's deepest devotion: Some people's hearts are deeper than others. Do your best.
Forsaking all others, keep yourself only unto her: Yeah, that's what it says. No nookie on the side.
As long as you both shall live: No getting out of this. You're in it till the big sleep. But see below.
Now, this is a legal contract between two persons. If they both understand that they want to have a slightly different view, ok. I'm liberal. You don't like that "forsaking all others" clause? Ok. Fine. You can each waive it. Who am I to judge. But, each person has to understand what's being waived here. And that's true about the celibacy, too. If you don't want to have sex, that's fine, as long as everyone finds it agreeable. There's some property you want to hold back: Ok. Sign the prenuptual. Everyone understands it, then.
Til death do us part?: Well, it's a contract between two people. If they each want to let each other out, ok. If you can work out something mutually agreeable. Just like every other contract. However, if you can't work out any agreement, then you're stuck. In other words, no fault divorce, if and only if both parties agree.
And, what if someone breaks the contract. What if they are abusive, adulterous,neglectful, fail to keep the property agreements (like gambling away the savings account, for example). Well then, like other contracts, the court comes in and tries to make best. They try to get what the wronged (that's
wronged) party had a reason to expect they would get out of marriage. There's no way to enforce the love, honor, cherish, keep, etc, but the judge can at least try for the "richer or poorer" part. The person who broke the contract has to sacrifice to at least maintain the standard of living that the wronged party could have expected had they remained married.
It's not that hard. Just keep your promises. If not, a judge will provide some help. And if you still can't manage, a judge will provide the compensation for the person you injured by not keeping your promises. What could be simpler?
Oh, yeah. About those government goodies. You can't stay together in sickness and in health if you don't have the right to hospital visits. And, it's hard to imagine sharing wealth and happiness if one person can adopt children and the other can't, so if you have children or adopt them, you adopt them together. If one person lives in this country and another somewhere else, it will be hard to fulfill any of the vows. There had better be immigration rights. If one person has a retirement plan, and the other doesn't, then one person can be rich and the other poor, so they better be able to share money in retirement plans.
In other words, all of the privileges the government bestows upon married people are things you get because you need them in order to keep the obligations of marriage. It's the obligations that matter, not the privileges.