How Should LGBTQ Couples Protect Themselves In Uncertain Times

If you’re concerned about your marriage in today’s political climate, you’re not alone. While we believe it is unlikely that marriage equality will be overturned—and even less likely that any changes would apply retroactively—we truly cannot predict what could happen. Therefore, the best course of action is to be proactive and ensure you and your spouse are legally protected, no matter what happens.

Estate planning is one of the most powerful ways to secure your relationship and safeguard your future. A properly structured plan ensures that your spouse maintains legal rights to your assets, decision-making authority in times of crisis, and financial security in the event of the unexpected.

Three Things You Should Consider

Here are three essential steps you can take to reinforce the legal protections of your marriage and estate:

1. Obtain Your Marriage License from a Protective State

If you are newly engaged or planning to marry, consider obtaining your marriage license from a state with a strong track record of upholding these rights—such as California or New York. States with explicit legal protections are less likely to see legislative or judicial challenges that could impact your marriage status.

If you’re already married, your marriage is legally valid regardless of where you obtained your license, unless your state tries to void your marriage. Staying informed about potential legal changes in your state can help you prepare for any future shifts in the law.

2. Update Your Estate Planning Documents

A comprehensive estate plan is one of the most critical ways to protect your spouse and your shared future. Without the proper documents in place, your spouse’s rights could be challenged by distant relatives, outdated legal definitions, or even future changes in state laws.

At a minimum, your estate plan should include:

  • A Will: Ensures your assets are distributed according to your wishes.
  • A Revocable Living Trust: Provides added privacy, avoids probate, and offers stronger protections than a standalone Will.
  • Power of Attorney: Allows your spouse to manage your financial affairs if you become incapacitated.
  • Medical Directive and HIPAA Authorization: Ensures your spouse has the legal right to make healthcare decisions and access medical information.

A revocable living trust is especially beneficial because it keeps your estate plan private, avoids court intervention, and ensures continuity of control even if laws change in the future. At Burch Law, we can help you decide what level of protection is best for your situation.

3. Incorporate Protective Language in Legal Documents

The way you identify your spouse in legal documents can make a significant difference. Using protective language can help shield your marriage from future legal challenges. At Burch Law, we offer customized language that some clients choose to implement in their estate plans. This can provide an added layer of protection in case legal definitions change.

Additionally, we recommend reviewing and updating all beneficiary designations—including life insurance policies, retirement accounts, and property deeds—to ensure your spouse is explicitly named.

Take Control of Your Future

The best way to protect your marriage and your rights is to be proactive. Estate planning ensures that no matter what happens in the legal or political landscape, your wishes are clear, your spouse is protected, and your assets are secure.

If you have any questions or are ready to update your estate plan, we’re here to help. Contact Burch Law today to schedule a complimentary initial call—we’ll guide you through the process and give you the peace of mind you deserve.

Burch Law
Scroll to Top