The Supreme Court’s Obergefell decision in 2015 was an enormous victory for same-sex couples who wanted marriage equality across all 50 states. This landmark decision granted the right for same-sex couples to marry, but that does not mean the legal concerns are over.
Even with a valid marriage, same-sex spouses face legal concerns that opposite-sex spouses do not. Taking action to put legal protections in place is critical for many reasons. Furthermore, the Supreme Court could potentially overturn Obergefell, depending on the cases it decides to hear. This makes it much more imperative and time-sensitive for same-sex couples to consider certain estate planning issues.
Discuss your situation and legal options to protect your family with an experienced and compassionate estate planning attorney today.
Parental Rights and Guardianship
For same-sex couples married since Obergefell, parental rights and guardianship can be a more complex issue than many expect. While marriage often provides a presumption of parentage, this does not always guarantee full legal recognition, especially in cases of assisted reproduction, surrogacy, or when at least one spouse is not a biological parent.
To protect your family, you may need to pursue step-parent adoption, second-parent adoption, or guardianship orders to ensure both parents’ rights are secure.
Healthcare and Powers of Attorney
For same-sex couples, healthcare and medical decision-making can present unique challenges, especially if one partner becomes incapacitated. While Obergefell allowed legal recognition of your marriage, this is not always enough to guarantee decision-making authority. Establishing advance healthcare directives, powers of attorney, and Health Insurance Portability and Accountability Act authorizations ensures that your partner can make medical decisions on your behalf.
Beneficiary Designation
For same-sex couples, beneficiary designations play a critical role in ensuring assets are passed directly to a partner without legal complications. Retirement accounts, life insurance policies, and payable on death bank accounts allow you to name your spouse or partner as the beneficiary. However, failing to update designations after marriage or major life changes can lead to disputes or unintended inheritances.
Since beneficiary designations generally override wills, careful review is essential. For same-sex couples, keeping your documents updated ensures financial security for a partner, and prevents challenges from estranged family members or others who might contest the distribution of assets.
Retirement Benefits
Obergefell had a profound impact on retirement and survivor benefits. Before the ruling, many same-sex spouses were denied access to Social Security spousal benefits, pension survivor benefits, and retirement account protections available to opposite-sex couples.
Now, legally married same-sex spouses are entitled to the same benefits, including survivor benefits from Social Security, continued health coverage, and the right to inherit retirement accounts without tax penalties. However, couples must ensure that retirement plans, beneficiary designations, and estate documents are updated to reflect their marriage to avoid any problems.
How Can You Prepare for the Future?
Although nothing is certain and predictable when it comes to the Supreme Court, you must be prepared for any potential outcome because it could affect your legal rights. The potential overturning of Obergefell v. Hodges (similar to the overturning of Roe v. Wade) raises serious concerns for same-sex couples who rely on federal marriage recognition for inheritance, property rights, and benefits. An estate planning attorney can help safeguard your rights by preparing legal documents that do not depend solely on your marital status.
Tools such as wills, trusts, powers of attorney, advance healthcare directives, and beneficiary designations can ensure your partner maintains decision-making authority and inheritance rights, even if the Supreme Court weakens marriage equality protections. Attorneys can also advise on property titling, tax implications, and retirement benefits. By acting now, same-sex couples can create durable legal protections to secure their families’ futures regardless of political or judicial changes.
Contact Us About Issues You May Face Today Following the Obergefell Decision
Seek legal help now if you are in a same-sex marriage and wondering about estate planning issues. A lawyer can help you create wills, trusts, and other legal protections to ensure your wishes are honored, regardless of changing laws. Do not leave your family vulnerable to uncertainty. Contact our firm today to safeguard your rights, preserve your legacy, and provide peace of mind for you and your loved ones. Your future deserves protection.