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What happens if my partner dies and we aren't married?

Unlike with married couples, when one unmarried partner passes, the living partner does not receive any automatic legal right to their deceased partner's property or assets. In this case, with no will, the assets will likely be passed to the deceased partner's family, and their estate is left in the hands of state law.

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In the past two decades, the number of unmarried couples living together in the U.S. has nearly tripled from 6 million to 17 million, but that does not mean they have the same rights that married couples have. If you aren’t married, and your partner dies, that can affect your estate planning, and understanding your rights as a couple when one dies is important.

Did They Have a Will?

The first item to consider is whether or not your partner created a will prior to passing. If they did, then the allocation of all their assets should be laid out rather clearly. However, if they did not create a will, that is where the law gets rather tricky. Unlike with married couples, when one unmarried partner passes, the living partner does not receive any automatic legal right to their deceased partner’s property or assets. In this case, with no will, the assets will likely be passed to the deceased partner’s family, and their estate is left in the hands of state law. Likely, the law will grant the estate to the family as well. The easiest way to avoid this is to make sure you and your partner have up-to-date wills and estate plans.

What Are Civil Unions and Domestic Partnerships?

However, there is another way to maintain some rights when your partner dies: form a civil union or domestic partnership. Civil union and domestic partnership are both terms for a legally recognized relationship that is close to a marriage but does not include the formal documentation and ceremony. They can also offer some basic legal rights to your relationship without the two of you being married. However, they normally do not confer an automatic property interest as a surviving partner. While civil unions and domestic partnerships are not federally recognized, certain states and the District of Columbia recognize one or the other.

Create an Estate Plan

The Commonwealth of Virginia does not recognize any of the types of status outlined above. So, here in Virginia, create an estate plan to ensure your partner receives what you want them to. SmolenPlevy’s estate planning lawyers can guide you through the process. Schedule a consultation with estate attorneys Jason Smolen (jdsmolen@smolenplevy.com) or Daniel Ruttenberg (dhruttenberg@smolenplevy.com) to get started.

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The effects of divorce are not just confined to the emotional realm, but may be articulated through specific behavioral disturbances that endanger physical health. One particularly common phenomenon experienced by people struggling with the stress of marriage breakdown is the development of disordered eating patterns. While many joke about the benefits of the “divorce diet,” in reality, weight loss following separation and divorce can be indicative of a serious and destructive physiological response to overwhelming stress. As psychologist Dr. James Harris, manager of the Eating Disorders Program at Presbyterian Hospital of Dallas, notes, When you have a trauma like a divorce, there’s a physical reaction. You’re not sleeping, you’re skipping meals and you’re feeling stressed. Trauma and grief from […] divorce affect the limbic system – the seat of emotion – in the brain, and that can shut down the appetite. However, undereating is not the only eating disorder caused by divorce. Some turn to food for emotional comfort, leading to overeating and binge eating in an attempt to cope with psychological pain. Camille, a woman interviewed by Psychology Today, described how “she would go to the mailbox, find a letter from her husband’s attorney, and dig into a box of cookies while staring at the letter, thinking it might open itself. Every familiar number on caller ID, every email, every letter triggered a binge.” Although many eating disorders begin during the divorce itself, some emerge later as people struggle to adapt to their new realities.

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