Co-habitating Partner Planning

 At the Walser Law Firm, we have extensive experience protecting the assets of cohabitating couples. We’re here to help you ensure your rights and estate plan are honored in and outside Florida.

The Supreme Court of the United States overturned the deceptively worded 1996 Defense of Marriage Act (DOMA) in the United States v. Windsor decision in June 2013. DOMA prohibited the federal government from recognizing same-sex marriages, which had the effect of imposing death taxes on spouses and denying spouses important Social Security benefits, among other inequities. The federal government can no longer discriminate against legally married same-sex couples.

The U.S. Supreme Court has agreed to hear same-sex marriage cases this session and to issue a definitive ruling as to whether same-sex couples in every state have the right to marry.

Estate Planning for Cohabitating Couples

Until every state in the union legalizes same-sex marriage, Walser Law Firm recommends putting safeguards in place, including:

Generally, a spouse is responsible for making medical care decisions should a married person become incapacitated. Hospitals in states that do not recognize cohabitating couples may deny you the opportunity to speak on behalf of your partner. In addition, you could even be denied access to your incapacitated partner during a medical emergency unless you have the appropriate advanced directives.

Title out-of-state property as joint tenancy with right of survivorship

If you jointly own real property in a state that fails to recognize your marriage, your spouse’s family could inherit the portion owned by your spouse. Titling real property as joint tenancy with the right of survivorship grants each of you full ownership upon the death of the other.

Writing a will is important for everyone but is imperative for same-sex couples. You can clearly state your intention to leave your assets to your spouse through this instrument. We recommend referring to your spouse by name to avoid legal challenges if you move to a state that does not recognize your marriage.

Address guardianship of your child.

You are a family, but sadly, some states may not recognize the non-biological parent’s rights. Naming the non-biological parent as guardian can add extra protection for your child.