Advance Planning by Same-Sex Couples

Abstract

The lack of legal recognition of same-sex couples can leave partners vulnerable in a crisis or emergency. Advance planning is one strategy couples can use to establish legal rights. Analyses of data collected from both partners in 131 same-sex couples suggested that executing advance-planning documents (wills, powers of attorney for finance and health care, and living wills) was associated with age and couple-level relational variables. Older couples and couples that reported higher commitment levels were more likely to have executed the four documents. Couples who had disclosed their relationship to a higher percentage of their relatives were more likely to have executed wills and living wills. Implications of these findings for public policy and social services affecting same-sex couples are discussed.

20180423

“…The literature argues that same-sex parents face a variety of legal challenges regarding marriage and gaining equality under the law (Nicol and Smith, 2008;Kubasek, Glass, and Cook, 2011;Riggle, Rostosky, and Prather, 2006). One of the challenges that same-sex couples face is being denied the right to apply for a marriage license.…”

“…Nicol and Smith (2008, p. 679) describe a couple who went to the clerk's office to apply for a marriage license and the clerk, "laughed at them, asking if their request was a prank." Because of such resistance, couples resulted to commitment ceremonies that allowed them to marry on their own terms (Nicol and Smith, 2008;Kubasek, Glass, and Cook, 2011;Riggle, Rostosky, and Prather, 2006). Couples felt that marrying outside of the law was a way for them to contribute to the public changing of social attitudes surrounding same-sex marriage.…”

“…Additionally, same-sex couples who are not legally able to marry are often denied a plethora of federal benefits and protections that would help not only themselves, but their children as well (Kubasek, Glass, and Cook, 2011;Riggle, Rostosky, and Prather, 2006). Benefits and protections such as social security and immigration protections can have a significant impact on the lives of same-sex couples and families.…”

“…If one partner passes away suddenly, they have no access to the deceased partner's benefits, even if the couple had been together for many years. If a couple has children and the one partner had their name on the adopted children's paperwork or if the biological parent passed away, the other partner has no legal right to those children unless they file additional paperwork with a lawyer such as a will or living will (Riggle, Rostosky, and Prather, 2006). In the process of filing the legal paperwork, some same-sex couples may encounter legal advisors that are not "gay-affirmative" which can also be a hindrance to taking the legal precautions to ensure they are properly covered in the face of an emergency (Riggle, Rostosky, and Prather, 2006, p. 774).…”

“…Families could be broken up or endure a substantial amount of stress which can then affect the overall family functioning in gay and lesbian parent households. Kubasek, Glass, and Cook (2011) and Riggle, Rostosky, and Prather (2006) argue that a lack of change in policies could lead to stress due to vulnerabilities which can then effect relationship quality between parents. Shulman, Gotta, and Green (2012) argue that a change in policies would provide same-sex couples and their families a sense of security knowing that they are protected under the law.…”