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Topic: Cash
& Debt Management
Q: My partner and I are not
married. What general
advice can you provide for us and couples in similar circumstances?
A:
Unmarried couples made up roughly ten percent of all the households in
America with adult couples, according to figures from the U.S. Census
Bureau. These unmarried couples include everyone from young people
planning to marry to same-sex couples committed to life-long
relationships to older people living together to share expenses but
with no intention of marrying. Regardless of why unmarried couples
choose to live together, they share one thing in common: potentially
complicated financial issues, many of which are not faced by married
couples. Here are some tips for addressing those financial issues.
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Plan
ahead.
The needs of roommates with few financial resources sharing an
apartment for a few months is quite different from a wealthier
unmarried couple planning a life together. The deeper and more
long-lasting the commitment, the greater the need for professional
financial planning and perhaps the help of an attorney.
-
Consider
a written living-together contract.
Not unlike a prenuptial agreement, this contract spells out the
sharing of expenses and who owns what property and how it will be
divided in the event of a breakup. Married couples have legal
guarantees regarding property, but unmarried couples don't. For
example, a partner who has contributed mortgage payments or
renovation funds on a home owned by the other partner may find
themselves with no legal claim to the property if the couple
splits up. However, these contracts are not enforceable in all
states.
-
Work
out the bills.
It's often recommended that basic household bills such as rent and
food be paid out of a joint account, with each person contributing
according to his or her income. Each partner should have separate
accounts to cover individual needs, such as clothing or personal
financial obligations to others.
-
Get
powers of attorney.
An incapacitating illness or accident may require that financial
and health care decisions be made by the partner. Without a
properly drafted durable power of attorney and a health care
proxy, the partner may end up legally pushed aside by the
incapacitated partner's next of kin.
-
Write
a will.
While a spouse normally is automatically entitled to the couple's
assets even without a will, an unmarried partner can easily be cut
out unless the other partner's will specifically includes the
person. No homemade wills here, either, recommend experts. They're
more easily challenged by hostile relatives.
-
Do
estate planning.
Estate and gift taxes are a real issue for unmarried couples
because property generally can't be passed to each other free of
tax, as it can be between married partners. For example, if one
partner who owns a home puts an unmarried partner (or anyone else,
for that matter) on the deed, it may be considered an immediate
gift and subject to gift tax. A spouse could take advantage of the
marital deduction. Titling of assets is also critical,
particularly if a living-together contract is not enforceable.
Experts often recommend that unmarried partners own a home or
other property as joint tenants with rights of survivorship,
though this can be a problem if the couple doesn't have a
long-term commitment. Unmarried couples also can make use of
living trusts, which help avoid probate and are more resistant
than wills to challenges by family members.
-
Review
employer's benefits.
Some employers will extend certain benefits, such as health and
dental care, to employees' partners, but the majority do not. If
the benefits are extended to the partner, they probably will be
treated as taxable income. Also consider making the partner
beneficiary of group life insurance policies.
-
Review
tax issues.
Unmarried partners who earn similar income actually are better off
from an income-tax standpoint than married couples faced with the
"marriage penalty." However, an unmarried partner with a
large income can't use the deductions of a partner who makes far
less money. Older unmarried couples can earn higher income than
married couples before their Social Security becomes subject to
tax.
-
Plan
retirement.
Unmarried couples typically have to work harder to save for
retirement. For one thing, each will have no right to the other's
Social Security benefits in the event of death. It's usually good
to name each other as beneficiaries for individual retirement
accounts and retirement plans at work. However, unlike married
couples, you won't be able to roll over tax free an unmarried
partner's IRA or qualified retirement plan into your own IRA.
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"Ask Our Experts" is intended as a medium to reply to
frequently asked financial questions and to provide answers which are
appropriate for most consumers. We make every effort to ensure that
responses are technically accurate, but we cannot guarantee such accuracy.
We attempt to provide responses that are appropriate to the circumstances
of the person submitting the question, but we cannot guarantee our response will
be appropriate because the Q&A format precludes responders from gaining
personal insight into the submitter's circumstances and other factors that
influence advice rendered in a financial planning relationship. Similarly,
you should not assume that a response to a given question will be appropriate in
your situation, because your individual circumstances may differ from those of
the person who submitted the question. You are always urged to seek the
advice of a qualified professional who is aware of the details of your personal
situation prior to making any important financial decisions.
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