Many traditional one man-one woman married couples are ignorant of the civil rights and benefits denied to LGBT couples.
1. No joint tax returns at the federal level, though they filed joint returns at the state level.
2. For a typical couple, SSM partners will lose in excess of $8,000 per year in Social Security survivor benefits following the death of the top earning spouse.
3. No lump sum death benefits – civilian or military – to help with funeral costs.
4. No right to petition for a foreign same-sex spouse – and his or her children that qualify – for Lawful Permanent Residence (“green card”) status.
5. Married couples are exempt from practically all federal taxes that are levied on transfers of property or money between them, but not for LGBT couples whose marriages are not accepted by the federal government under DOMA (Defense of Marriage Act).
6. No guaranteed right under most state laws to make healthcare decisions on behalf of a partner in a medical crisis. The legal “next of kin” assumes these duties and makes decisions with or without the partner's consent.
7. No equitable ownership of joint assets or debts in case the relationship dissolves (except when you have an Limited liability company or other legal agreement). No states have adopted laws to partition property when domestic partnerships break up.
8. Several business entities such as family limited partnerships are not available to LGBT couples.
9. Unless your company has an enlightened same-sex domestic partnership policy, you are not able to be included in your partner's health insurance coverage.
10. The Family and Medical Leave Act of 1993 allows individuals up to 12 weeks of unpaid leave to look after sick spouses, or the children and parents of a spouse. Leave denied to an LGBT “spouse”.
11. Can be denied the privilege to visit a partner in critical care/ICU. Incidents in some hospitals such as Jackson Memorial Hospital in Miami, have led to more enlightened visitation policies.
12. No automatic rights or responsibilities for joint parenting, adoption, foster care, custody, or visitation.
13. No automatic inheritance in the absence of a will.
14. No death or spousal settlements for retirement pensions, Social Security, Medicare, or annuities. Protections designed for one spouse's necessary financial resources such as the capacity to reside in the family home when the other partner requires Medicaid long term nursing home care are lost.
15. In cases of wrongful death or significant injury, partners and children of partners have no standing to file a civil action for damages.
16. In court, SSM partners cannot claim marital immunity from testifying against their partner.
17. No right to make decisions concerning final preparations for a deceased “spouse”, such as burial versus cremation, or where the deceased will be laid to rest.
18. No SSM benefits offered to military families including healthcare, dental, housing, educational assistance, vocational guidance, home mortgage guarantees, relocation assistance, housing allowances, survivors' benefits, and VA benefits.
19. Because of DOMA, the federal government denies rights, protections, benefits, and responsibilities to same-sex married couples in all federal programs that consider marital status.
20. Loss of other state civil lawsuits like loss of consortium, crime victim recovery reimbursement, and domestic violence protection orders.
Same-sex couples would be wise to consult their lawyers in order to draft legal documents to recover as many benefits as possible that conventional married couples obtain automatically. The 20 lost rights above are simply the tip of the melting iceberg.
Documents you may wish to discuss with your legal professional include:
– Limited Liability Company for asset protection and distribution
– Durable Power of Attorney for Healthcare
– Co-Habitation Agreement
– Co-parenting Agreement
– Simple Will
– any number of trusts for additional asset protection
Many states, including Florida, will recognize correctly written cohabitation agreements. A vital point for same-sex cohabitation agreements is that the essential purpose cannot be to enforce a sexual arrangement. Moreover, sex cannot be offered in trade for a financial arrangement. These kinds of agreements are void as against public policy.
Each situation is unique, but many of these agreements are valuable for male-female married couples also. Protect you LGBT relationship with an LLC until and even after SSM discrimination ends.
LGBT and unconventional families will have to rely on a combination of a Secure Couple LLC and other legal contracts to gain even a small portion of the 1,300+ legal and economic benefits offered to married couples.
Retrieve your free Secure Couple LLC ebook and learn how to form a Limited Liability Company to proclaim your commitment, set up your joint finances, and guard your future until the federal government and the several states get rid of marriage discrimination against SSM and others who choose not to marry – securecouplellc.com/formscllc.pdf === Charles F. Lamm is a retired attorney now working with Secure Couple LLC – securecouplellc.com
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