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Statistics of the Month - June
What does marriage cost GLBT?

When a gay, lesbian, or bisexual senior dies, his or her surviving partner faces a financial loss that can amount to tens of thousands of dollars because the couple cannot be recognized as legally married in the United States. Despite having paid taxes their whole lifetime at the same rate as other Americans, surviving partners are:

  • Denied the Social Security survivor benefits that are made available to all married couples
  • Heavily taxed on any retirement plan - 401K or IRA - they inherit from their partners, although married spouses can inherit these plans tax-free
  • Charged an estate tax on the inheritance of a home, even if it was jointly owned - a tax that would not apply to married spouses

Same-sex senior couples are more likely than married heterosexual couples to still be making mortgage payments on their home. This higher debt burden, combined with the financial losses that stem from being unmarried, means that surviving partners may also be at greater risk of losing their homes upon the death of a partner than surviving heterosexual spouses.

Surviving partners whose name does not appear on the title of the home the couple lived in are at risk of being forced out by the deceased partners' next of kin who may claim ownership - a risk no surviving spouse would face under any circumstances

Gay, lesbian, and bisexual seniors also are at significant risk of losing their home when an elderly partner enters a nursing home. This is because federal Medicaid law permits a married spouse to remain in the couple's home when a husband or wife enters a nursing home - but it does not grant unmarried couples the same right.

Gay and lesbian families live in 99.3 percent of all counties in the United States. This is in stark contrast to 1990 when the U.S. Census Bureau counted gay and lesbian families living in only 52 percent of U.S. counties. This rise may be due to more gay and lesbian families willing to come forward and identify themselves in a federal survey.

96 percent of all U.S. counties have at least one same-sex couple with children under 18 at home, the Census 2000 reveals. Yet only ten states have laws supportive of gay and lesbian couple adoption. More than a third of all U.S. counties (1,082) have a higher proportion of same-sex couples with children than the national average of two per thousand.

97 percent of U.S. counties have a senior in a same-sex partnership. Nearly three in five U.S. counties (1,847) have more same-sex partnered seniors per capita than the national average of one in a thousand people. Despite their prevalence, gay and lesbian partners do not have access to Social Security survivor benefits or tax-free transfer of survivor IRA contributions.

More than 40 percent of same-sex "unmarried partner" couples have lived together in the same home for more than five years. Nearly one in four of the couples raise children. Two-thirds of these children live in the 43 states where "second parent" adoption is not guaranteed. In these states, partners raising children may not have joint legal status as parents, so their children may be denied Social Security survivor benefits and health care insurance, and they themselves may not be allowed to authorize emergency medical treatment.

Source: The Urban Institute, www.urban.org

Disclaimer: Although we try to use the most credible sources, we are not responsible for any incorrect findings.

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