The political landscape is shifting, and many same-sex couples are worried about what could happen if federal protections for their marriages are rolled back. You’ve worked hard to build a life together, and the last thing you need is uncertainty about whether your marriage, your assets, or your rights will be recognized in the future. While no one can predict exactly what will happen, proper estate planning gives you security, regardless of political changes.
Understanding Current Protections and Potential Changes
Same-sex marriage is currently recognized in all 50 states under federal law, protected by the Supreme Court's Obergefell decision and the Respect for Marriage Act. If you were married in states like Massachusetts or New York—early adopters of marriage equality—your marriage remains valid under those state laws regardless of federal changes.
But state-level protections vary significantly. Some states have explicit constitutional protections for same-sex marriage, while others maintain laws that could restrict marriage rights if federal protections change. Understanding your state's specific laws is crucial. For example, Massachusetts not only recognizes same-sex marriage but also provides strong protections for non-biological parents and inheritance rights.
However, federal policy shifts could affect crucial benefits far beyond basic marriage recognition. You might lose access to:
- The unlimited marital deduction for federal estate taxes, which currently allows married couples to transfer unlimited assets to each other without tax implications
- Spousal Social Security benefits, including survivor benefits that can provide crucial financial support
- Federal retirement plan options, like tax-free rollovers for spouses and inherited IRA benefits
- Certain immigration rights for non-citizen spouses, including green card eligibility and expedited citizenship
- Federal employee benefits for government workers' spouses
- Military benefits for service members' spouses
Essential Components of Your Life & Legacy Plan
Before marriage equality, same-sex couples relied on legal planning to create many of the protections that marriage now provides automatically. These strategies remain potent tools today - if you have a comprehensive estate plan in place.
A Life & Legacy Plan is a comprehensive plan that ensures your wishes are honored and your loved ones are protected regardless of potential legal changes. When you work with us, your Life & Legacy Plan may include:
Trust Planning: A trust allows you to control how your assets pass to your part
Real estate holdings and how they should be managed
Business interests and succession planning
Investment accounts and their distribution
Personal property with sentimental value
Digital assets and cryptocurrencies
Beneficiary Designations: Many assets, like life insurance policies and retirement accounts, pass directly to the named beneficiary, who can be anyone you choose. Regular review and updates of these designations ensure that the person you want receives these funds without legal complications. You don’t want to rely on beneficiary designations alone, as there are risks. When you create a Life & Legacy Plan, you’ll learn about the risks and make the best decisions for you. I’ll also support you to review your plan, including beneficiary accounts, on a regular basis so you don’t accidentally leave assets to anyone you wouldn't want to receive them.
Cohabitation Agreement: If marriage laws change, a legal agreement between you and your spouse can define your financial responsibilities and property rights. This can help protect both of you, particularly if you own property together or one of you relies financially on the other. When you meet with me, we can discuss these in more detail to see if a cohabitation agreement makes sense for you.
All these components of a Life & Legacy Plan can protect you and your loved ones, but they won’t do that if you procrastinate - which is the number one reason why people fail to plan and put their loved ones at risk. So, understanding why immediate action is crucial can help motivate you to put these critical protections in place now rather than waiting until it might be too late.
Why You Shouldn't Wait to Plan
While it's tempting to take a "wait and see" approach in times of uncertainty, waiting could leave you unprotected if laws change quickly. The time to create these protections is now, while you have all options available. Waiting creates unnecessary risk and could limit your planning choices if laws change suddenly.
Even if same-sex marriage protections remain intact, Life & Legacy Planning offers benefits beyond marriage rights. It helps you avoid probate, protects your assets from unnecessary taxes, and ensures your wishes are carried out exactly as you intend.
Yet without proper planning, these too can become effectively "unclaimed property" - inaccessible to the very people meant to inherit them. When these invaluable family legacies are lost, they become another kind of unclaimed property, though their value can't be measured in dollars.
Remember, proper estate planning isn't just about having the right documents - it’s about taking all the steps needed to make things as easy as possible for your loved ones. It's the greatest act of love you can give to the people you cherish most.
In addition to the benefits discussed above, a comprehensive plan can also help you:
Maintain privacy about your estate
Protect assets from creditors
Create legacy plans for future generations
Support charitable causes you value
Ensure your wishes are clearly documented
Creating these protections isn't just about paperwork—it's about peace of mind. You've worked hard to build a life together, and you deserve the security of knowing your relationship and assets are protected, regardless of political changes.
Laws and politics may shift, but your love and commitment remain constant. Instead of waiting to see what happens, take control of your future by securing the legal protections you and your spouse deserve. Estate planning is a powerful way to safeguard your rights, your assets, your loved ones, and your relationship, no matter what the future holds.
Take Action to Protect Your Family
As a Personal Family Lawyer® Firm, I can help you create a comprehensive Life & Legacy Plan that ensures your wishes are honored and your loved ones are protected, regardless of future legal developments.
