We recognize that many in the LGBTQ+ community are watching with concern as the legal and cultural landscape shifts. With rising talk of revisiting landmark decisions, including the possibility of revisiting Obergefell v. Hodges (the 2015 U.S. Supreme Court decision that guaranteed the right of same-sex couples to marry nationwide), uncertainty can feel like a heavy burden.

At Upbeat Financial, we believe that financial empowerment goes hand-in-hand with legal and social empowerment. We serve a diverse clientele and recognize the unique intersections of identity, family structure, and financial planning. With the possibility (however remote it may be) of shifts in marriage law, we encourage queer families to take proactive steps now — not out of fear, but out of clarity, strength, and planning.

Why the Concern Is Valid

In recent weeks legal filings and petitions have surfaced that could lead the Court to revisit fundamental rights around marriage. For example, a submission of petition to the Supreme Court to reconsider Obergefell. Coverage notes that if the court grants review, there could be considerable uncertainty about future marriages, recognition of spousal benefits, and state-by-state outcomes.

While married couples to date have some protection (for example, under the Respect for Marriage Act federal statute), that law does not guarantee all rights or protections in the same way as a robust marriage equality precedent. So, for families who already are or will become married, or who rely on spousal status for retirement, inheritance, insurance, or parenting arrangements — the potential legal landscape is something to plan around.

Key Financial & Legal Areas to Address Now

Here are several steps queer families should consider. These are not one-size-fits-all, but they form a solid foundation for protecting your financial and legal position.

1. Confirm and Document Your Marriage / Partnership Status
   • If you are married: Make sure your marriage is legally recognized in your state and keep certified copies of your marriage certificate.
   • If you are not yet married (or deeply considering marriage): You may choose to marry sooner rather than later if you are comfortable — this can help ensure you and your partner have spousal status under current law.
   • If you have a domestic partnership or civil union: Convert to a full marriage if possible or ensure the partnership agreement is solid and integrates legal and financial rights.
2. Review Beneficiary Designations and Ownership Structures
   • Check your life insurance, retirement accounts, investment accounts, property deeds, and trusts. Are your partner and children designated properly? Mistakes here can expose your family to risk if the legal status of the relationship comes into question.
   • Consider joint ownership or “community property” structures where applicable but also consult for tax/state implications.
3. Create or Update Estate Planning Documents
   • A will, durable power of attorney (financial & healthcare), healthcare directive — these are all even more important in uncertain legal environments.
   • If you move between states, or live in a state with uncertain protection, make sure your documents are valid in all relevant jurisdictions.
   • Also consider guardianship provisions and parental rights if you have children or plan to — because rights can vary widely.
4. Review Retirement, Social Security and Spousal Benefits
   • For married couples: benefits that rely on spousal status (e.g., survivor benefits in pensions or Social Security) should be verified now. Understand if your plan or employer interprets “spouse” flexibly.
   • If you are in a state or employer plan that may revert to older definitions of marriage, clarify the impact on your benefits.
   • Consider additional retirement savings (IRAs, 401(k)s, other vehicles) to reduce reliance on spousal benefit alone.
5. Protect Your Children’s Financial & Legal Rights
   • If you are co-parents, adoptive parents, or have blended families, ensure both parents have legal custody/rights recognized.
   • Maintain records of child support, trust funds, educational savings (e.g., 529 plans), and designate children as beneficiaries where appropriate.
   • If you live in a jurisdiction that might treat same-sex parental rights differently in the future, consider an extra layer of protection (e.g., second-parent adoption, step-parent adoption).
6. Insurance Coverage and Employer Benefits Audit
   • Review your employer benefits now: health insurance, spousal/dependent coverage, family leave, survivor coverage. Ensure your partner qualifies under your plan.
   • If your plan uses state law definitions of marriage, ask how the employer would respond in a shifting legal environment.
   • Also review life and long-term care policies: are you both beneficiaries for each other? Are there buy-sell agreements, business ownership protections?
7. Diversify Legal Jurisdiction & State Planning
   • If you live in or spend time in multiple states (or plan relocation), consider how each state currently treats same-sex marriage, and what protections exist.
   • If you are in a state with older statutes banning same-sex marriage (even if unenforced now), it might affect future rights.
   • Establish key documents (marriage, wills, powers of attorney) in states with strong protections and consider legal domicile choices.
8. Work with Inclusive, Cross-Disciplinary Advisors
   • Choose financial advisors, attorneys, tax professionals who understand LGBTQ+ issues — not just “standard” planning.
   • Make sure they are familiar with spousal rights, parental rights, cross-state issues, and how to build resilient structures in uncertain legal contexts.

Looking Ahead with Confidence

While we hope for the best — i.e., strong continued protections for same-sex marriage and full equality — it is always good to prepare for many possibilities. At Upbeat Financial, we believe planning is not about living in fear — it is about living in confidence.

By documenting your relationship, securing your legal and financial agreements, and taking steps now, you position your family to withstand legal, regulatory or tax shifts. The goal is that your partnership, and the love you share, is reflected in the strength of your financial and legal foundation.

If you would like to schedule a confidential review of your situation, our team is here for you. We specialize in inclusive planning and understand the unique concerns and opportunities of LGBTQ+ families.

Contact us today and let’s ensure your family’s financial future is as secure as your love.

Your family — no matter its structure — deserves protection, dignity, and power. In uncertain times, the strongest move is not panic, but action. Build clarity, choose the right structures, and move forward together.