For better or worse...

The recent marriage equality loss in Maine, while disheartening, serves as a reminder that Florida also denies gay and lesbian couples the ability to marry.  As many of us know all too well, marriage provides a couple with many privileges; from hospital visitation to joint taxes.  It also creates responsibilities for the individual such as alimony in the event of a divorce.  Some of these privileges and responsibilities are only recognized through marriage, but many can be created contractually with the help of an attorney.

Gay and lesbian couples, with the aid of an attorney, can protect themselves through powers of attorney, health care directives, estate planning, joint tenancy deeds, and cohabitation agreements. 

In the event of a medical emergency, powers of attorney and health care directive can give partners the ability to make decisions for each other. 

Estate planning is especially import for non-married couples because if one dies intestate (without a will), the other will have no right to any of the other’s property.  Non-married couples can also list one another as each other’s beneficiaries of retirement plans and life insurance policies. 

Joint tenancies create joint ownership in real estate with the right of survivorship; in other words, while alive, both owners have an equal interest in the property and when one owner dies, the other owner becomes the sole owner.  Without the right of survivorship, the interest of the owner who dies passes on to their heirs, so someone who lost their partner could suddenly jointly own property with their partner’s parents. 

Cohabitation agreements are contracts between two non-married people who live together.  The agreement covers things like each individual’s share of any bills and the division of property in the event the couple separates.

Despite recent losses, the fight for marriage equality will continue.  In the mean time, gay and lesbian couples can contractually create some of the rights and responsibilities of marriage.