Since the U.S. Supreme Court legalized same-sex marriage in 2015, couples of all genders now share the same marriage rights under both federal and state law. Thankfully the U.S. Supreme Court just declined to hear a challenge to the 2015 decision legalizing same-sex marriage, so the historic 2015 decision affirming equality remains the law of the land. This result continues to define the legal and financial pros & cons for same-sex couples contemplating marriage, particularly with respect to estate planning, inheritance, and family protection.
The Pros
Equal Legal Protection
Marriage provides same-sex couples with the same legal benefits as heterosexual spouses, including inheritance rights, community property benefits, tax advantages, and hospital visitation privileges. In estate planning, this ensures both partners are recognized under the law and protected.
Simplified Estate Planning
Before marriage equality, same-sex couples had to create complex estate plans to secure basic rights for one another. Today, marriage simplifies that process, offering couples the opportunity to personalize their estate plans through wills, trusts, and powers of attorney.
Family and Financial Security
Marriage offers greater financial stability and family protection. Spousal inheritance, Social Security, and retirement benefits now apply equally to same-sex spouses, ensuring long-term security and peace of mind.
The Cons
Ongoing Legal and Social Challenges
Despite legal equality, some couples still encounter resistance or outdated systems—especially in insurance, retirement benefits, or administrative paperwork. It’s important to review all legal documents to confirm that rights and designations are clear and up to date.
State Law Variations
While federal recognition remains uniform, some state-level laws still vary, particularly regarding adoption, parental rights, and property ownership. Proactive estate planning remains the best way to avoid future disputes or delays.
Marriage Alone Isn’t Enough
Marriage provides a strong legal foundation, but it doesn’t replace the need for a comprehensive estate plan. Without updated documents like wills, trusts, or advance healthcare directives, assets may not be properly distributed and medical wishes may not be properly respected.
In Summary
Marriage equality has brought security and recognition to millions of same-sex couples, and continues to do so, but careful planning ensures those legal rights are fully realized. Every couple—regardless of gender—should have a customized plan that protects their loved ones and reflects their personal wishes.
We proudly serve all couples and families with dignity, respect, and personalized guidance. If you or someone you know would like to create or update an estate plan, we can help.
Call (760) 673-7600 or email us at admin@RudolphLegal.com to schedule a confidential consultation today.