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Including a Longtime Partner Without Marriage: Estate Planning for Unmarried Couples in Virginia

Choosing not to marry does not make your relationship any less meaningful—but it does mean you need to take extra steps to ensure your partner is protected. In Virginia, unmarried couples do not receive the same automatic legal rights as spouses, which can lead to challenges during a medical emergency, incapacity, or after a death.

Without a legally valid estate plan, your partner may not have the authority to make decisions for you, manage finances, or even remain in a shared home—regardless of how long you have been together.

To help avoid this, couples who are committed but not married should consider:

  • Creating a will or trust that clearly names each other as beneficiaries.
  • Setting up powers of attorney for healthcare and finances to allow your partner to act on your behalf when needed.
  • Reviewing and updating beneficiary designations on life insurance policies, retirement accounts, and other payable-on-death assets.
  • Exploring the benefits of a trust, especially if privacy or avoiding probate is a goal.
  • Reviewing how your home is titled, as this can affect what happens to the property if one of you passes away.

Estate planning gives you the power to make your wishes known, regardless of marital status. If you are in a long-term relationship and want to ensure your partner is included in the decisions that matter most, we encourage you to meet with an experienced estate planning attorney who understands the nuances of Virginia law.

Our team at Wilson Law is here to guide you through the process with care and clarity—reach out to schedule a consultation. Call our office at 866.603.5976 or fill out our online form, and we will be in touch to schedule an appointment at your convenience.