Many LGBTQ couples and mixed immigration couples facing uncertainty in the days leading up to presidential inauguration rushed to get married to formalize their relationships in an attempt to protect their status. There has historically been a path to obtaining citizenship for unmarried couples. The Marriage Act also provides that other states must  recognize a marriage validly entered into in another state. While marriage may not immediately be under threat, many couples have chosen to get married as a security measure. Another action that many same sex couples have taken is to go through with second parent adoptions to preserve their legal relationship with their children in case of any changes under the new administration.

It’s understandable that couples who feel vulnerable have decided to “tie the knot.” However, marriage can create new and unanticipated issues. For anyone who rushed to get married in the light of social and political uncertainty, it may be advisable to take a practical look at the financial and legal ramifications of those decisions and more closely examine whether further steps are needed to secure the couple’s future, whether this is making a pre or post-marital agreement or confronting immigration issues and tax issues.

According to NPR, 33% more marriage licenses were issued in New York City in November 2024 compared to previous years. Cohabitating couples who got married because of uncertain US immigration status are not allowed to sponsor each other unless they are married. LGBTQ couples have also decided to marry for a number of other reasons, which include ensuring that their status as a married couple has to be recognized when they travel, ensuring a spouse’s right to health insurance benefits and ensuring that they will be recognized as a child’s parent when traveling. 

Whatever reason you may have expedited your marriage, marriage makes certain changes to your tax status and your estate planning status. If you have recently gotten married, it may be prudent to have a conversation about finances and your relationship going forward. There are many factors that could require consideration, for example:

–          Do you want to protect any inherited property, or protect the inheritance of children from a previous relationship or marriage?

–          Do you want to manage your finances jointly and do you want to file your taxes jointly or separately?

–          Are there any tax implications if you have married a non-US spouse and they have to pay tax abroad?

–          If the marriage doesn’t last, how do you want to divide your assets?

There are many more questions that can be asked that are unique to each situation. If you did decide to expedite your marriage, having a frank conversation about your finances and your plans for the future can actually strengthen your marriage. If you are thinking of getting a prenuptial agreement or a post-nuptial agreement, you should ensure that this agreement is carefully drafted so that the provisions reflect both your wants and needs and the agreement is enforceable. In the case of a post-nuptial agreement (or marital agreement), it is particularly important that this agreement is clearly understood by both of you and is carefully drafted by an experienced Massachusetts Family Law attorney. Post-nuptial agreements are often held to higher legal scrutiny than prenuptial agreements.

If you got married without having in-depth conversations about the future of your finances or other important aspects of your marriage, you can mediate these conversations, which could result in a marital agreement. 

Or if you are thinking of getting married soon you may want to consider entering into a prenuptial agreement that protects you and your spouse in the event a divorce. When you mediate marital agreements, or even just sit down to discuss your finances and come to an informal agreement it can create greater transparency and a more solid foundation for your marriage.

 If you have recently got married and you would like to make a marital agreement, or if you are reconsidering your recent marriage and thinking about the implications of a split, at Mansur Law Group we can support you in your decision-making process and provide legal support. Please contact us to learn more about how our team can help you.