Don’t Panic, Prepare: Why LGBTQ+ Couples Need Paperwork
Cutting Through the Noise
Recent headlines about the Supreme Court being asked to revisit Obergefell v. Hodges—the 2015 decision that legalized same-sex marriage nationwide—have left many in the LGBTQ+ community feeling uneasy.
That instinct is understandable, but here’s the reality: most cases at this stage don’t even make it to the Court (about 97% are denied review). So instead of panicking, the smarter move is to prepare. The strongest protection doesn’t necessarily come from a marriage license—it comes from your paperwork.
Existing Marriages Already Have Protections
Even if Obergefell were overturned, same-sex marriages already performed carry a safeguard under the Respect for Marriage Act (2022). This bipartisan law requires federal and state recognition of marriages that are legally performed in states where they remain valid.
So if you’re already married, you’re not suddenly left without protections. However, there could be uncertainties around state-level benefits, which makes having backup paperwork all the more important.
Where Your Real Power Lies: Paperwork
The best way to secure your partnership—whether married or not—is through intentional legal and financial planning. These tools ensure your wishes are honored, regardless of political shifts.
1. Beneficiary Designations - Life insurance, bank accounts, retirement accounts—all allow you to name a beneficiary. This simple step ensures your assets go directly to your partner, avoiding messy disputes or court battles.
2. Estate Planning Documents - These documents let you decide what happens, not the state. At minimum, consider:
* A will (directs how assets are distributed)
* Powers of attorney (designates someone you trust for financial and legal decisions if you’re unable)
* Advanced healthcare directives (lays out medical wishes and appoints a healthcare proxy)
3. Family Legal Protections - For queer couples raising kids, the strongest safeguard is often a second-parent adoption. This legal step ensures a non-biological parent has full, recognized parental rights—crucial in cases of death, divorce, or moving to a less supportive state.
Be Proactive, Not Panicked
If you’re feeling overwhelmed by the complexity of these issues - or simply want peace of mind knowing your financial and legal protections are handled correctly - our team is here to help. We specialize in working with LGBTQ+ couples and nontraditional families, making sure taxes and tax strategy all align to protect the life you’re building together.
Don’t wait until the laws change or a crisis forces your hand. Schedule a consultation with us today, and let’s create a plan that gives you clarity, confidence, and lasting security.
