A federal judge in Pennsylvania has been asked to determine whether the same-sex wife or parents of an attorney at the law firm of Cozen O'Connor should be the beneficiaries of the attorney's profit-sharing plan. The parents of the deceased partner argue that an ERISA qualified plan falls under federal law and the U.S. Defense of Marriage Act (DOMA) limiting marriage to only a man and a woman controls whether same-sex couples can receive federal benefits
The wife of the deceased attorney argues that Pennsylvania law does not preclude her from being recognized as the surviving spouse for the purpose of receiving benefits under the plan. The wife states that the law firm profit-sharing plan is not governed by DOMA, and claims the profit-sharing plan is private and is controlled by the language in the plan.
To read more about this interesting case: Same-Sex Marriage Fight at Heart of Cozen O'Connor Benefits Case.
St. Augustine Gay and Lesbian same-sex couples, whether you are married or not, if you have a profit-sharing plan through your employer, it is critical to discuss with them your rights as far as designating the beneficiary you want on the plan. It is also important to consult with a St. Augustine Estate Planning Attorney who can advise you about various other documents that will protect your assets and distribute them to your same-sex partner or beneficiary of your choice.
As an Estate Planning Attorney for those in the LGBT community, I have worked with St. Augustine Financial Planners who have the experience in advising same-sex couples as far as retirement, tax, and other financial matters of concern. Contact a St. Augustine Attorney able to direct you to these LGBT focused financial planners.