Cohabitation Laws in Florida
Boca Raton lawyers protecting the rights of same-sex partners
Marriage provides important protections to spouses and their children. However, same-sex couples are not permitted to marry under Florida laws. Even same-sex partners whose marriages are recognized in other states lose essential protections when they move or travel to Florida and other jurisdictions that do not consider their status valid.
The Law Offices of Schwartz | White supports the rights of same-sex couples to receive the protection of the law. During our more than 50 years of combined experience, our attorneys have earned a reputation as legal innovators. We develop creative solutions that confer privileges and protections to our clients who have been denied the right to marry.
Estate planning considerations
Florida’s estate planning and probate laws include crucial provisions that preserve spouses’ automatic claims to property. Same-sex couples can implement vital legal documents into their estate plans that create these rights. Our attorneys guide couples in drafting wills bequeathing property to their loved ones and establishing trusts that preserve their wealth and avoid death taxes.
Health Insurance Portability and Accountability Act (HIPAA) regulations can bar medical professionals from releasing information to a nonfamily member. In addition, doctors may confer with the family members of a person who becomes incapacitated about crucial medical matters. This means that an estranged parent, child or sibling might have the authority to make life-or-death decisions instead of a devoted partner. We write living wills naming partners as healthcare surrogates, which allows them to receive medical information in adherence to HIPAA rules and eliminates the potential of being denied access to a medically incapacitated life partner.
Division of property during separation
When a married couple separates, the divorce proceedings are designed to protect each spouse’s rights to property acquired during the course of the marriage. Although divorce laws do not apply to same-sex couples, contract and family laws govern the division of property when cohabitating couples separate. Our law firm assists clients in drafting cohabitation agreements, otherwise known as domestic partner agreements — similar to prenuptial agreements — that contractually divide assets in the event the relationship ends. We also represent clients in mediation designed to negotiate a fair property settlement at the time of partnership dissolution.
To learn more about the laws governing cohabitation in Florida, consult our Boca Raton family law attorneys
To learn more about the rights of cohabitating and same-sex couples in Florida, call the Law Offices of Schwartz | White at 561.391.9943 or contact us online to schedule an appointment. We serve all of South Florida from our Boca Raton office, conveniently located off I-95 in the Bank of America Building. Free parking is available.