What Benefits Are LGBT Couples Denied?
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What Benefits Are LGBT Couples Denied By [http://ezinearticles.com/?expert=Charles_F._Lamm]Charles F. Lamm What are some of the 1,300+ benefits granted to married couples automatically but denied to LGBT couples? What are LGBT couples missing?
1. No joint filing of tax returns at the federal level, even though they may have filed joint returns at the state level.
2. For an average couple, SSM will lose over $8,000 per year in Social Security survivor benefits after the death of the higher earning spouse.
3. No lump sum death benefits – civilian or military – to help with funeral expenses.
4. No right to petition for a foreign same-sex spouse – and his or her children that qualify – for Lawful Permanent Residence (“green card”) status.
5. Loss of joint estate tax exemptions.
6. No automatic right under most state laws to make healthcare decisions on behalf of a partner in a medical emergency. The legal “next of kin” assumes these duties and makes decisions with or without the partner’s consent.
7. No equitable ownership of joint property or debts in case the relationship dissolves (unless you have an LLC or other legal agreement). No states have adopted laws to divide property when domestic partnerships break up.
8. Not able to form a family limited partnership to distribute business income.
9. May not be able to be included in a spouse’s health insurance unless the company adopts an enlightened policy. Continuing coverage (COBRA) may not be available if the insured spouse loses his or her job.
10. The Family and Medical Leave Act of 1993 allows individuals up to 12 weeks of unpaid leave to care for ill spouses, or the children and parents of a spouse. Does not apply to an LGBT partner.
11. Can be denied the right to visit 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. No automatic inheritance in the absence of a will.
14. No survival or spousal benefits for pensions, Social Security, Medicare, or annuities.
15. In civil actions, no wrongful death benefits for surviving SSM spouses or children.
16. Cannot claim certain judicial immunities such as the right not to testify against a spouse.
17. No right to make decisions about the final arrangements for a deceased partner, such as burial versus cremation, or where the deceased will be laid to rest.
18. No spousal benefits available to military families such as medical, dental, housing, educational assistance, vocational training, home loan guarantees, relocation assistance, housing allowances, survivors benefits, and VA benefits.
19. No survivors benefits for spouses of federal employees, including lost wages, workers’ compensation, health insurance, and retirement benefits.
20. Lack of other state civil causes of action such as loss of consortium, crime victim recovery benefits, and domestic violence protection orders.
Same-sex couples would be wise to consult their attorneys to prepare legal documents to duplicate as many benefits as possible that traditional married couples receive automatically. The 20 lost rights above are just the tip of the melting iceberg. These documents may 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 Every situation is unique, but many of these documents are valuable for male-female married couples also. Protect you LGBT relationship until SSM discrimination ends. Until same-sex marriages, domestic partnerships, and civil unions are recognized by the federal government, LGBT and alternative families will have to rely on a combination of a Secure Couple LLC ™ and other legal documents to gain even a small portion of the 1,300+ legal and financial benefits available to married couples. Learn How Couples Who Cannot Legally Marry (LGBT) or Who Choose Not to Marry Can Use a Secure Couple LLC ™ to Reclaim Some of the 1,300+ Benefits Given Only to Traditional Male-Female Married Couples Charles F. Lamm is a retired attorney now working with Secure Couple LLC – http://securecouplellc.com Article Source: [http://EzineArticles.com/?What-Benefits-Are-LGBT-Couples-Denied&id=4521565] What Benefits Are LGBT Couples Denied 
