Marriage Equality Is Law. Legal Protection for Your Relationship Is Not Automatic.

You fought for the right to marry. You planned the ceremony, signed the license, and built a life together. And now, understandably, the last thing on your mind is legal paperwork. But here is the uncomfortable truth that too many LGBTQ couples discover too late: marriage equality gave you the right to marry, not the right to be automatically protected. The law still has gaps — and those gaps can cost you everything if the wrong thing happens at the wrong time.

Whether you are married, partnered, or somewhere in between, the legal documents you put in place today are what will speak for you when you cannot speak for yourself.

Why LGBTQ Couples Cannot Afford to Skip Estate Planning

The legal landscape for LGBTQ couples has improved dramatically over the past decade, but it has not been made permanent at the federal level. The protections established by Obergefell v. Hodges and reinforced by the Respect for Marriage Act exist — but they are subject to political and judicial challenge. Relying solely on federal marriage recognition as your legal protection strategy is, in 2026, an increasingly fragile position.

Beyond the political risk, there are practical legal realities that apply to every couple, regardless of sexual orientation. California’s community property laws, intestate succession rules under the California Probate Code, and healthcare decision frameworks were all designed with a specific family structure in mind. LGBTQ families — especially those with children from prior relationships, chosen family members, or complex asset structures — often require more intentional planning to ensure their wishes are honored.

The Case for a Prenuptial Agreement

Prenuptial agreements are often dismissed as a sign of distrust. In reality, they are one of the most honest and loving conversations two people can have before marriage. For LGBTQ couples, they carry particular weight.

Many same-sex couples spent years — sometimes decades — building assets, businesses, and financial lives together before marriage was legally available to them. A prenuptial agreement allows you to define which assets are separate property, how commingled property will be treated, and what financial obligations each partner will have in the event of separation. Without this clarity, California’s community property rules will apply by default — and the results may not reflect your intentions.

Under California Family Code § 721, spouses owe each other a fiduciary duty. A well-drafted prenuptial agreement does not eliminate that duty — it operates within it, creating transparency and reducing the potential for future conflict.

Estate Planning Documents Every LGBTQ Couple Should Have

• Revocable Living Trust. Ensures your assets pass to your spouse or partner — and to the people you designate after them — without probate. Critical for protecting a surviving spouse who may face hostility from biological family members.
• Advance Health Care Directive. Names your partner as your health care agent and specifies your medical wishes. Without this, a hospital may defer to biological relatives under California Probate Code § 4716.
• Durable Power of Attorney. Gives your partner authority to manage your finances during incapacity. Especially important for unmarried couples, who do not receive this protection automatically.
• HIPAA Authorization. Allows your partner to receive medical information and communicate with your healthcare providers. Often overlooked, but essential in a crisis.

A Note for Unmarried LGBTQ Partners

Not every couple wants to marry — and that is a valid choice. But it comes with real legal consequences. Unmarried partners in California have no automatic right to inheritance, no automatic right to make medical decisions, and no automatic right to manage finances during incapacity. Every protection that marriage provides must be deliberately replicated through legal documents. The good news: it can be done.

The bad news: without it, the law will treat your partner as a legal stranger.

Your Relationship Deserves Legal Certainty

At Kushner Legal Corporation, we have built our practice around serving LGBTQ individuals and couples with the care, nuance, and legal expertise their situations deserve. Whether you are newly engaged, long partnered, or simply overdue for a legal review, we are here to help you build a plan that reflects your life as it actually is.

Contact us today to schedule a consultation at our Beverly Hills or Palm Springs office. The right plan is one that works for your family — not a generic template that was never designed with you in mind.

Kushner Legal Corporation | Beverly Hills | Palm Springs | 310-279-5166