In a previous post I talked about how same-sex marriage affects you, however, I failed to mention some of the benefits that now come with same-sex marriage to same-sex couples. Below I will discuss some of these benefits.
In Texas, if a spouse dies the surviving spouse is automatically entitled to certain property of the marriage. If you do not have a Will Texas has established statutes to divide your property. As part of those statutes surviving spouses automatically receive certain property upon the passing of the other spouse. Now that same-sex marriage is permitted, one of the benefits is that your spouse gets to reside in the home for the remainder of your spouse’s life upon your passing. It does not matter if you gave that home to someone else in a Will or if it was your separate property. All property that was acquired during marriage is presumed to be community property and all community property goes to your spouse upon your passing. Your personal separate property will pass to your surviving spouse. One-half of any real estate that is separate property will pass to your surviving spouse and the other half will pass to your heirs-at-law. There are some exceptions to this when children are involved. To find out details about what this entails you should talk to an estate planning attorney.
As a married couple, you are entitled to Social Security benefits of your spouse upon his/her passing.
Some companies provided for domestic partner benefits to allow your partner to have health insurance. When your partner added you to their insurance they were then taxed on the benefit that was provided by the company for that health insurance. Now if you get married, there is no tax to your partner just as in any other marriage.