Dating Again 101 article: Living Together Considerations

Living Together Considerations


pluses and minuses.......


Harlan Jacobsen Copyright © 2005


We have people that have questions and are needing to know about the "living together" legal status.

We are not qualified nor in the legal advice business and each state likely has a different law than the next state so we will talk in generalities and you get local legal advice to perfect what happens in your state.

As we said before, it is clear who gets the body when you are married, it is the survivor. Not so when living together...

If living together you often do not have automatic visitation rights with your partner's hospitalization.

When you are living together and your partner becomes disabled you do not become the decision maker automatically. It may by law fall to someone else to your detriment.

If there are children from a previous marriage it may mean their interests conflict with your interests, and if not spelled out otherwise, they are the heirs, you are not.

However, remembering there are one heck of a lot of legal nightmares that go with the marriage paperwork, we will just discuss here primarily some of the things you need to learn how to work through (legal traps) in living together.

Now, I used to get a lot of organized opposition when I even mentioned something other than "getting married".

If you look at statistics you will see that living together or other alternatives are on a steep rise and second marriage rates are falling off. Therefore you need to be informed on your options and there are not a lot of places to get information on the subject.

Therefor do not conclude that I am against marriage.....necessarily, it is just that first you need to consider options, and realize your potential partner is likely already doing so.

Back to legal considerations.

You can empower your partner with a (POA). Have your attorney or someone draw you up an endurable (does not expire when you become disabled) power of attorney to authorize this trusted person to manage your finances, taxes and other legal affairs when you are unable to do so. They likely will want in return for you to have power of attorney if something happens to them, or they can have anyone appointed they want, it does not have to be reciprocal.

Unless you do this POA they will not be able to do this for you. Keep in mind, some banks, IRS and others may require special forms and rules and you should check that out before relying solely on a generic POA.

You may want your attorney to not be authorizing the POA to do too much such as denying them the ability to change the beneficiary designations on insurance and pension account etc. so the attorney should craft this the way you want it. Be sure it is written with safequards if you become disabled, so your partner who you are giving a POA to is not given the ability to run off with your funds.

Be sure your ex has been removed from insurance policies and beneficiaries updated.

Get a health care proxy (in addition) that authorizes this special someone or children etc to make health decisions should you be incapacitated. Let eveyone know what the health care decisions for you should be.

You can put in the proxy that your partner should have all rights of a spouse as far as hospitalization visitation rights, and "who gets the body".

Be sure these health wishes are known by your partner and set up a "living will" that spells out what you want to happen in certain specified health situations.

This paper work won't cost much more if you are living together than if you are married, but you need this type of paper work sorted out anyway.

Now, regarding a will, spell everything out and keep in mind you have an option where you can leave your assets to the partner with the provision that when the partner dies, all assets go to your children etc.

Best bet is to provide for your partner with an insurance policy and/or retirement account rather than after you are gone their getting into "will hassles" with your children and the ex spouse..

Have your attorney explain if your state has a domestic partnership law and how that affects your plans.......

Get this all taken care of carefully by your attorney and know ahead of time what is going to happen under all of these situations.

,,,,,,,understand you can even have your attorney draw up a legally spelled out "living together agreement" of what happens if your relationship ends (do this while still in the lovey dovey stage....).

Remember, your potential live-together partner may be so allergic to getting into the soup again.....that they are avoiding commitment like the plaque... you likely have already met some of those.

When it is all spelled out in living together, there is little to worry about and they can be in a very close relationship with you.

They need not and should not be worrying or considering you a potential disaster or the usual marriage-divorce "hazard" waiting to happen.

You live together and stay together because you want to be together and both have to work at it......

You do not stay together because your partner can "do it to you" if you consider splitting.



 

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Living Together Considerations
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