Same-Sex Marriage

Same-sex marriage in Florida is legal statewide from January 6, 2015, as a result of Brenner v. Scott, the lead case on the issue. In this case, a U.S. district court ruled the state's same-sex marriage ban unconstitutional on August 21, 2014. The order was stayed temporarily; state attempts at extending the stay failed, with the U.S. Supreme Court denying further extension on December 19, 2014. With the stay expired, the case is still under appeal.

Furthermore, a state court ruling in Pareto v. Ruvin allowed same-sex couples to obtain marriage licenses in Miami-Dade County on the afternoon of January 5, 2015. In another state case challenging the state's denial of marriage rights to same-sex, a Monroe County court in Huntsman v. Heavilin stayed enforcement of its decision pending appeal and the stay expired on January 6, 2015. Other lawsuits in state court have sought recognition of an individual same-sex marriage with varying results.

The state banned same-sex marriage by statute in 1977 and added a prohibition on the recognition of marriages from other jurisdictions in 1997. Voters approved an amendment that banned both same-sex marriage and civil unions on 2008. The state also imposes criminal penalties on any court clerk who issues a marriage license to a same-sex couple.

Things All Couples Should Discuss Before Marriage: Alignment on some key values and compatibility on certain topics is crucial to an enduring marriage. You are bound to experience tests as a couple, both internal and external. Therefore there are conversations that need to take place when you know you and your fiancé are going to spend the rest of your lives together, as teammates.

1. Money
How will money be handled once you are married? Assets, paychecks, inherited sums. What happens if one of you loses a job unexpectedly? Being married means you are a team and need to be on the same financial page, as this is a huge, contentious issue for many couples who divorce. Harmony on this subject is crucial for long-term unity.

2. Children
Do you want them? When? How? How many? What values, ideals, and education do you want them to have? Will there be a stay home parent? "Yes, we both want children" is not enough.

3. Workload
This refers to all of the unpaid work at home. How will this be divided? This issue can be an unpleasant shock if you don't cohabitate before you wed, or discuss who will clean the toilets, take out the trash, or vacuum.

4. Family
What is your anticipation of the involvement of in-laws, siblings, holidays/vacations with extended family? Will you see them every weekend? Once a month? Two to three times a year? This can be an especially important conversation if one or both of you is an only-child.

5. Elderly Parents
What will your physical and financial commitment look like? This is remarkably easy to overlook if you marry in your twenties. But, marriage is supposed to be forever, so at some point this conversation is going to become relevant. People in their 40s are now referred to as the "sandwich generation" – raising children while taking care of ageing parents. What will your roles and responsibilities be for your parents and in-laws?

6. Sexual Expectations
Sex while dating or being engaged can be very different from sex with your husband 10 years down the road. Many couples seek therapy or counseling if one or both partners do not feel satisfied in the bedroom after many years together. It's important to stay connected physically and having a recurring date night once a week can help keep the intimacy alive.

7. Life Priorities
What matters most to you both? Do you want to really nest and settle down or instead go traveling together? Go back to school? Do you want to volunteer in India? Save for a beach house? Talk about your aspirations and objectives and get comfortable with a relative timeline.

LEGAL DOCUMENTS TO CONSIDER:
        1. Premarital or Prenuptial Agreements
        2. Healthcare Surrogate
        3. Medical Power of Attorney
        4. Will & Testament

1. A premarital or prenuptial agreement is "an agreement between spouses made in contemplation of marriage and to be effective upon marriage."

What a Prenuptial Agreement Can Protect:
A prenup can protect the rights and obligations of both parties with respect to property. If one party owned a house before marriage, the prenup could include a provision stating that this spouse would be responsible for all costs associated with the maintenance of that property.

It can also protect the right to conduct any known transaction concerning property. The prenup could state that a spouse who owned a beach cottage would retain the sole right to sell or lease the property, but the other spouse had the right to use the house and live in it during the summer.

A prenuptial agreement can outline disposition of property if the marriage ends upon separation, death, or the occurrence of another event. A provision could state that if one spouse admits to cheating on the other, a cash payment of a certain amount is made to a certain bank account.

A prenup can also decide which jurisdiction's law would be used to interpret the agreement and where any legal proceedings would be held.

Many other matters, including personal rights and obligations can also be included. This can include where the couple will live, the freedom to pursue career opportunities, and how they will raise any children.

What a Prenuptial Agreement Cannot Protect:
Prenups cannot contain provisions violating public policy or a criminal law.

Spousal support obligations vary by state. Both parties may waive the right spousal support. Depending upon the state, spousal support provisions may or may not be upheld in court. An otherwise valid agreement might be set aside if provisions make a spouse eligible for welfare. A court may require spousal support to the extent necessary to take that spouse off welfare.

Child support cannot be determined in a prenup. The court will follow state guidelines.

The issues of fairness and disclosure are key if a court is required to rule on the enforceability of a prenup. Both parties must have entered into the agreement voluntarily. Parties must fairly and reasonably disclose all property and financial obligations. If not, that property may not be protected by the agreement.

Do I Need a Prenup?
Prenups are not romantic. A couple on the brink of marriage may not want to consider that their marriage could end one day. However, reality says otherwise. Taking steps to protect assets now could save time and additional heartbreak in the future.

2. What is a Health Care Surrogate? A health care surrogate is an adult who is appointed to make healthcare decisions for you when you become unable to make them for yourself.

3. What is the difference between a Medical Power of Attorney and a Health Care Surrogate? The main difference between a medical power of attorney and a healthcare surrogate is that you appoint a medical power of attorney representative to make healthcare decisions for you when you become unable to make them for yourself. You can specify what healthcare decisions your medical power of attorney can make.

A healthcare surrogate, on the other hand, is someone who is appointed to make healthcare decisions for you when you become unable to make them for yourself. You have no say in who becomes your healthcare surrogate. You can avoid having a healthcare surrogate appointed if you have appointed a medical power of attorney representative and that representative is still willing and able to serve.

What healthcare decisions are you talking about? Any decision to give, withhold or withdraw informed consent to any type of health care,including but not limited to, medical and surgical treatments, life-prolonging interventions,psychiatric treatment, nursing care, hospitalization, treatment in a nursing home, home healthcare and organ donation.

Who appoints my Healthcare Surrogate? The physician who is attending to you or the advance practice nurse working with the physician who is attending you will select the person to serve as your healthcare surrogate.

When will a Healthcare Surrogate be appointed for me? Two things must occur before a healthcare surrogate will be appointed for you.
          1.You must be unable to make healthcare decisions for yourself AND
          2.Your attending physician or advance practice nurse must have determined that you did not appoint a medical power of attorney and that you do not have a court-appointed guardian. If you cannot make healthcare decisions for yourself and there is no representative or court-appointed guardian that is authorized or capable and willing to serve, then a healthcare surrogate

4. Will & Testament
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his or her estate and provides for the distribution of his property at death.

Though it has at times been thought that a "will" was historically limited to real property while "testament" applies only to dispositions of personal property (thus giving rise to the popular title of the document as "Last Will and Testament"), the historical records show that the terms have been used interchangeably. Thus, the word "will" validly applies to both personal and real property. A will may also create a testamentary trust that is effective only after the death of the testator.

The information contained on this website is for general informational purposes only. Nothing on this website or associated pages, documents, comments, answers, or email communications should be taken as legal advice for any individual case or situation. The information on this website is neither intended to create nor does it constitute an attorney-client relationship.