Why Unmarried Couples Often Lack an End-of-Life Safety Net — and What to Do

About 9.5 million U.S. households are led by unmarried couples, and many face a harsh reality if one partner dies: they do not automatically receive the legal and financial protections that married couples often take for granted. Financial and legal professionals say the absence of a marital status can leave surviving partners without access to assets, survivor benefits, or decision-making authority at critical moments.

The differences matter across several practical areas. Without marriage, a surviving partner may not be eligible for Social Security survivor benefits, may face challenges claiming a partner’s pension or workplace death benefits, and could be excluded from automatic inheritance if a will or beneficiary designation is not in place. Hospital visitation and medical decision-making can also be restricted for unmarried partners unless formal documents such as a durable power of attorney or health-care proxy are prepared.

Advisors emphasize that these risks are often preventable with coordinated planning. Key steps include drafting a will that clearly names the partner as a beneficiary; updating beneficiary designations on retirement accounts, life insurance policies and payable-on-death accounts; titling property appropriately (for example, joint tenancy with right of survivorship where suitable); and establishing durable powers of attorney and advance health-care directives.

Beyond documents, couples should review workplace benefits and employer-provided survivor options, and consider life insurance policies sized to cover funeral costs, outstanding debts, or income replacement. Estate planning professionals also recommend periodic reviews, because changes in relationship status, account providers, employment or laws can alter outcomes.

Legal regimes vary by state, so local rules on tenancy, intestacy (dying without a will) and community property can affect what happens to assets. Planners advise consulting both an estate attorney and a financial planner to create a coordinated strategy that addresses taxes, asset transfer, and eligibility for government benefits.

For unmarried couples, intentional paperwork and proactive benefit reviews can create a tailored “safety net” that approximates what marriage often provides automatically. Advisors say the effort is less about romantic status and more about protecting finances, health decisions and long-term security in the face of life’s uncertainties.