Update your Definition of “Spouse” in Legal Documents

The jumbled status of states that do and do not recognize same-sex married couples mandates that you clarify in legal documents (particularly for trusts and estates) your preferred definition of “spouse”.   The following is a broad definition that includes same-sex spouses:

19.4    In applying any provision of this trust agreement that refers to a person’s “spouse”, that spouse shall include a married person as to either (i) opposite-sex married couples or (ii) same-sex married couples, whose marriage [as to clause (i) or (ii)] is recognized either, or both, in such married couple’s state of celebration or state of residence or domicile.

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