Planning for Unmarried Couples & Remarriage Issues

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A Legal Guide for Unmarried Couples and Remarriage

Modern families come in many forms. Whether you are building a life with a partner without getting married or are planning to remarry later in life, it is crucial to understand the unique legal and financial implications of your relationship status. Proactive planning is the only way to ensure both you and your loved ones are protected.

Part 1: Essential Planning for Unmarried Couples

In North Carolina, there is no common-law marriage. This means that no matter how many years you spend together, you have no automatic legal rights to your partner’s property or a say in their affairs. Without a formal plan, you could face devastating consequences.

  • No Inheritance Rights: If your partner passes away without a will, the state’s intestacy laws will direct their assets to their legal next of kin, potentially leaving you with nothing.
  • No Decision-Making Authority: You will not have the legal right to make financial or medical decisions for your partner if they become incapacitated.

The only way to create these protections is by establishing a set of foundational legal documents, including a will, trust, and durable powers of attorney. This is a critical part of creating a plan to protect your partner and honor your relationship.

Part 2: Key Considerations for Remarriage

For seniors and those with children from a prior relationship, getting remarried involves a unique set of financial considerations.

Protecting Your Children with a Prenuptial Agreement

If you remarry without a prenuptial agreement, your new spouse will have a legal right to inherit a significant portion of your estate, potentially overriding your wishes to provide for your children. A prenuptial agreement is a contract that allows you and your new partner to decide in advance how assets will be handled in the event of death or divorce, ensuring your children’s inheritance is protected.

Understanding Social Security and Remarriage

The Social Security rules surrounding remarriage are complex, and your options often depend on your age. One of the most important rules applies to widows and widowers.

If you are a widow(er) and you remarry after age 60, you retain the right to claim survivor benefits from your deceased spouse. This gives you the flexibility to choose the highest benefit available to you—whether it’s based on your own work record, your new spouse’s, or your deceased spouse’s. If you remarry before age 60, you lose this option.

Navigating these decisions requires a clear understanding of all your options and how they fit into your overall financial picture. Call our office at (919) 256-7000 to schedule a consultation.