Form An Llc To Get Back Benefits Generally Lost To

Form An Llc To Get Back Benefits Generally Lost To Same-sex Partners

Many married couples are ignorant of the civil liberties and benefits denied to LGBT couples.

1. No joint tax returns at the federal level, even though they filed joint returns at the state level.

2. Loss of more than $8,000 each year on average in Social Security benefits if the higher earning spouse dies first.

3. No lump sum death benefits - civilian or military - to help with funeral costs.

4. Cannot file an immigration petition for a foreign-born spouse even if the SSM was officially authorized in your spouse's native country, for instance, Canada or Denmark.

5. Absense of joint estate tax exemptions.

6. No automatic right exists for same-sex couples to manage medical or emergency decisions on behalf of their partner. By means of a legally binding durable power of attorney for healthcare, the trusted partner you name will be legally permitted to take care of vital matters for you -- for instance, directing your medical care -- if you are incapable to do so yourself. Married couples are given this right automatically in all states.

7. No equitable ownership of joint property or debts in case the relationship breaks up (except when you have an Limited liability company or other legal agreement). No states have adopted laws to divide property when domestic partnerships break up.

8. Certain business entities such as family limited partnerships are not available to LGBT couples.

9. May not be able to be included into a spouse's health insurance coverage unless the corporation adopts an enlightened policy. Continuing insurance policy coverage (COBRA) may not be offered if the insured spouse loses his or her employment.

10. The Family and Medical Leave Act of 1993 allows individuals up to 12 weeks of unpaid leave to take care of sick spouses, or the children and parents of a spouse. Denied to an LGBT companion.

11. Can be denied the privilege of visiting 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. Same-sex partners do not inherit in the absense of will, as do surviving spouses when their partners die intestate.

14. No survival or spousal settlements for retirement pensions, Social Security, Medicare, or annuities. Protections designed for one spouses crucial economic resources such as the capacity to stay in the family home when the other partner needs Medicaid long term nursing home care are denied.

15. In civil actions, no wrongful death benefits for surviving SSM spouses or children.

16. Cannot assert certain legal immunities such as the right not to be a witness against a spouse.

17. No right to make decisions about final arrangements for a deceased "spouse", such as burial versus cremation, or where the deceased will be laid to rest.

18. No SSM benefits provided to military families including medical, dental, housing, educational aid, vocational guidance, home loan 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 take account of marital status.

20. Loss of other state civil lawsuits like loss of consortium, crime victim recovery benefits, and domestic violence orders of protection.

Same-sex partners would be wise to seek advice from their lawyers to prepare legal documents to recover as many benefits as possible that conventional married couples receive automatically. The 20 lost rights above are simply the tip of the melting iceberg.

Documents you may wish to discuss with your attorney 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 accept properly constructed cohabitation agreements. A fundamental point for same-sex cohabitation contracts is that the chief rationale cannot be to enforce a sexual arrangement. In addition, sex cannot be offered in trade for a financial arrangement. These agreements are void as against public policy.

Every situation is unique, but many of these agreements are beneficial for male-female married couples as well. Guard you LGBT relationship with an LLC until and even after SSM discrimination ends.

LGBT and unconventional families will have to depend on a mixture of a Secure Couple LLC and other legal documents to gain even a tiny portion of the 1,300+ legal and financial benefits available to married couples.

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