Legal Question in Family Law in Louisiana
power of attorney vs marraige
I live in Louisiana. I was wondering what the difference would be between my boyfriend and I who live together giving each other durable power of attorney as opposed to becoming legally married. Neither of us believe that marraige is necessary, but we still want to be able to make decisions for each other and be next of kin and we're not sure what our options are.
1 Answer from Attorneys
Re: power of attorney vs marraige
The main difference is the community property laws. Whatever you make is half his and vice versa. Whatever you purchase during marriage is owned half by each of you. Many of the special rights, privileges and liabilities of marriage can be duplicated by preparing other legal documents, but then you would be getting closer and closer to being married. Marriage has some built-in protections for the woman that do not exist without it. From a personal point of view, I always say if marriage is not "necessary" then get married. Should you live together as if married for many years then split up, the division of "stuff" can get really complicated and expensive, and neither of you have a right to either temporary or permanent alimony. Then there is the question of kids etc. etc. etc. So if you really want to know the difference, go to the library and research it. From the woman's point of view, my opinion is that it is better to be married, unless you are totally financially independent.