LGBTQ Advisor Match

Virginia LGBTQ+ Financial Planning Guide 2026

This guide covers financial planning issues specific to LGBTQ+ households in Virginia — the October 6, 2014 marriage equality date and its Social Security implications, Virginia's binary recognition system (no domestic partnership statute), the Virginia Values Act (first comprehensive LGBTQ+ non-discrimination law in the South), the November 2026 ballot amendment to permanently remove the unenforceable marriage ban from the state constitution, Virginia's 5.75% income tax with Roth conversion strategy, no state estate or inheritance tax, Medicaid CSRA gap for domestic partners, the newly signed Virginia PFML law (April 2026, first Southern state, domestic partners covered, benefits effective December 2028), and FERS survivor annuity and TSP planning for the large Northern Virginia federal employee community. Not legal or tax advice — your specific situation requires qualified professionals.

Virginia holds a unique position in LGBTQ+ financial planning. It was the first Southern state where same-sex marriages became legal — October 6, 2014, eight months before Obergefell v. Hodges — and it was the first Southern state to enact comprehensive LGBTQ+ non-discrimination protections (Virginia Values Act, 2020), and in April 2026 it became the first Southern state to pass paid family and medical leave, with explicit domestic partner coverage. At the same time, Virginia offers zero domestic partnership recognition. There is no Virginia DP registry, no civil union statute, no community property for unmarried couples, and no Medicaid CSRA extension to DPs. The planning environment is: strong federal employment base (FERS, TSP, FEHB), meaningful but manageable state income tax (5.75%), no state estate or inheritance tax, and a binary legal structure where the difference between married and unmarried means the difference between protected and unprotected on a long list of state-law financial defaults.

1. October 6, 2014: Virginia's Marriage Equality Date and Social Security Implications

How same-sex marriage came to Virginia in October 2014

Virginia's marriage equality predates Obergefell v. Hodges by nearly eight months. On February 13, 2014, U.S. District Judge Arenda Wright Allen struck down Virginia's same-sex marriage ban in Bostic v. Rainey — but a stay was immediately issued. The Fourth Circuit Court of Appeals affirmed on July 28, 2014, also under stay. The decisive event came on October 6, 2014: the U.S. Supreme Court denied certiorari in Bostic v. Schaefer and several related Fourth Circuit and Tenth Circuit cases. The Fourth Circuit lifted its stay that afternoon, and Virginia county clerks began issuing same-sex marriage licenses at 1:00 p.m. on October 6, 2014 — the day Virginia's legal same-sex marriages began.1

Social Security: the October 2014 clock matters

The Social Security Administration recognizes the actual legal marriage date for benefit calculations, not the Obergefell date of June 26, 2015. For couples who married in Virginia on October 6, 2014 or any date thereafter before Obergefell, the marriage clock for Social Security purposes runs from the Virginia marriage date — not 2015. This has two concrete consequences:

Married in Virginia between October 6, 2014 and June 25, 2015? Your SSA record should show your actual Virginia marriage date. Pre-Obergefell Virginia marriages are recognized for Social Security spousal and survivor benefit calculations. If your SSA record shows June 26, 2015 instead of your actual marriage date, contact your local SSA office with your Virginia marriage certificate.

Virginia does not recognize common-law marriage

Unlike Texas and Colorado — which recognize common-law marriage and allow same-sex couples to establish an earlier SS benefit clock by proving they were in a common-law marriage before formal legalization — Virginia abolished common-law marriage in 1894 and does not recognize it for marriages entered into in Virginia. Virginia will recognize a common-law marriage validly established in another state, but couples who lived exclusively in Virginia before October 6, 2014 cannot use common-law marriage to backdating their Social Security spousal benefit clock.

2. No Domestic Partnership Recognition: Virginia's Binary Structure

Virginia is an all-or-nothing state

Virginia has no statewide domestic partnership registry, no civil union statute, and no domestic partnership law. For state-law purposes, Virginia recognizes only two categories: legally married (with full marriage rights) and legally unrelated (with none). This is the same structure as Texas, Florida, Georgia, and Arizona — the binary recognition tier. For domestic partners in Virginia, there are no automatic state-law protections. Every financial protection must be established through affirmative legal documents.2

What the binary structure means financially

For a domestic-partner household in Virginia, the absence of state DP recognition means:

The document stack for Virginia domestic partners

In Virginia's binary structure, the document stack is not optional — it is the only legal protection available to unmarried LGBTQ+ couples. Every Virginia domestic-partner household should have in place: a Virginia durable financial power of attorney, a Virginia healthcare power of attorney (healthcare proxy), a Virginia HIPAA authorization, a Virginia advance directive (living will), a Virginia last will and testament for each partner, and a hospital visitation authorization. See our LGBTQ+ Powers of Attorney and Healthcare Proxy guide for each document's scope, and our Estate Planning for Chosen Families guide for the full trust and beneficiary designation layer. In Virginia, these documents must be executed correctly — improperly witnessed or notarized documents may be challenged, particularly by biological family members.

3. Virginia Values Act (2020): First Southern State LGBTQ+ Protections

What the Virginia Values Act covers

Signed into law by Governor Ralph Northam on April 11, 2020, and effective July 1, 2020, the Virginia Values Act amended the Virginia Human Rights Act to prohibit discrimination based on sexual orientation and gender identity in employment, housing, public accommodations, and credit transactions. Virginia became the first Southern state to enact comprehensive statewide LGBTQ+ non-discrimination protections.3

VVA and federal Bostock: the layered protection

The U.S. Supreme Court's Bostock v. Clayton County decision (June 2020) simultaneously established that federal Title VII employment discrimination law covers sexual orientation and gender identity. For Virginia LGBTQ+ workers, this creates a two-layer protection: federal Title VII via the EEOC and Virginia Human Rights Act via the DHRM or circuit court. The Virginia Values Act also covers employers smaller than Title VII's 15-employee threshold (for termination claims, down to 5 employees) and extends to housing and credit — areas where Title VII does not reach. The practical implication: an LGBTQ+ Virginian facing workplace or housing discrimination has both federal and state enforcement avenues.

4. November 2026 Ballot: Constitutional Amendment to Remove the Ban

Virginia's unenforceable constitutional ban

In 2006, Virginia voters approved the Marshall-Newman Amendment, which added a ban on same-sex marriage to the Virginia Constitution. That amendment was rendered unenforceable by Bostic v. Schaefer (4th Circuit, 2014) and definitively by Obergefell v. Hodges (U.S. Supreme Court, 2015). The ban language remains in the Virginia Constitution but has been judicially declared unconstitutional. It cannot be enforced.4

The 2026 repeal amendment

Virginia requires constitutional amendments to pass in two consecutive legislative sessions before going to voters. The General Assembly approved a repeal amendment in both the 2025 and 2026 sessions. Virginia voters will decide on the November 2026 ballot whether to remove the ban language and replace it with an affirmative guarantee that "two adults may marry regardless of sex, gender, or race" and that "all legally valid marriages shall be treated equally under the law." If passed, this would enshrine marriage equality in the Virginia Constitution — providing state-constitutional protection independent of any future federal legal change. Even if the amendment fails, Obergefell remains the controlling federal constitutional law, and Virginia same-sex marriages are legally secure at the federal level.

Financial planning implication

For LGBTQ+ Virginians who are married: the amendment's outcome does not change your current legal rights. The practical financial planning consideration is that state constitutional enshrinement adds a layer of durability independent of federal constitutional interpretation — a legal comfort factor, particularly for estate planning documents and beneficiary designations that reference spousal status over long time horizons. Continue to maintain current estate documents regardless of the amendment's outcome.

5. 5.75% Income Tax: Roth Conversion and Capital Gains Strategy

Virginia income tax structure

Virginia taxes income in four brackets: 2% on the first $3,000, 3% on $3,001–$5,000, 5% on $5,001–$17,000, and 5.75% on all income above $17,000. The top rate kicks in at an unusually low threshold of $17,000 — virtually all working-age Virginians with any meaningful income pay at the 5.75% marginal rate on earned income above $17,000. The Virginia standard deduction for 2026 is $8,750 for single filers and $17,500 for married filing jointly. Virginia provides a personal exemption of $930 per taxpayer.5

Domestic partners: single filers at every level

Virginia domestic partners each file individual Virginia income tax returns as single filers — there is no Virginia DP joint return equivalent. Unlike California registered domestic partners (who file a combined California return) or Oregon RDPs (who file a joint Oregon return), Virginia DPs receive no state-level bracket equalization. For a DP couple where one partner earns $250,000 and the other $50,000, both pay at the 5.75% Virginia top rate on their individual income above $17,000 — no state-level income splitting available.

Roth conversion strategy at 5.75%

Virginia's 5.75% rate is meaningful but manageable compared to New York (up to 10.9%), New Jersey (up to 10.75%), Minnesota (up to 9.85%), Oregon (up to 9.9%), or California (up to 13.3%). A $100,000 Roth conversion costs $5,750 in Virginia state income tax — versus $13,300 in California. For domestic-partner households facing the 10-year inherited IRA forced-distribution rule (a non-spouse beneficiary must withdraw an entire inherited IRA within 10 years, with no spousal-rollover option), Roth conversions at Virginia's 5.75% rate are relatively affordable. Use our Roth Conversion Planner to model your partner's pre-tax balance projected forward and the annual extra tax under the 10-year rule vs. a Roth conversion program now. Also use our Domestic Partner Inherited IRA Tax Calculator to quantify the lifetime gap between the 10-year forced-distribution rule and the spousal rollover your partner would receive if you were married.

Virginia's IRMAA trap for single filers and domestic partners

Medicare IRMAA Part B surcharges use different income thresholds for single filers ($109,000) and married-filing-jointly ($218,000). Virginia domestic partners each file as single filers, meaning each partner triggers IRMAA at $109,000 — half the MFJ threshold. A Roth conversion that pushes one partner's income over $109,000 triggers IRMAA surcharges on top of the 5.75% Virginia rate. For partners planning multi-year Roth conversions, keep each partner's individual MAGI below $109,000 per year to avoid IRMAA surcharges. Use our LGBTQ+ Medicare IRMAA Calculator to model surcharge exposure at different conversion amounts. See our LGBTQ+ Roth Conversion Planning guide for the full DP-specific strategy.

Capital gains: taxed as ordinary income in Virginia

Virginia does not provide a preferential tax rate for long-term capital gains. Short-term and long-term gains are both taxed as ordinary income at Virginia's standard bracket rates — effectively 5.75% on most capital gains for Virginia investors. This means the combined federal + Virginia rate on long-term capital gains for a high-earning Virginia household is: 20% federal + 3.8% NIIT + 5.75% Virginia = 29.55% maximum. While substantial, this is notably lower than California (37.1%) or New York (approximately 34.6%). Asset location strategy — holding tax-inefficient assets in retirement accounts and tax-efficient assets in taxable accounts — reduces annual Virginia income tax on investment income.

6. No Virginia State Estate or Inheritance Tax

Virginia abolished its estate tax in 2007

Virginia's state estate tax was a "sponge tax" — it absorbed the federal state death tax credit. When the federal credit was phased out by the Economic Growth and Tax Relief Reconciliation Act of 2001 (effective 2005), Virginia's sponge tax disappeared with it. Virginia formally repealed the state estate tax in 2007. Virginia also imposes no inheritance tax on beneficiaries. Combined with the federal $15 million per-person exemption under the One Big Beautiful Bill Act (OBBBA, July 2025), virtually all Virginia households have no estate tax exposure — federal or state.6

For domestic partners: federal marital deduction gap remains

The absence of a Virginia state estate tax is significant, but domestic partners still face the federal marital deduction gap (IRC §2056). The unlimited federal marital deduction allows assets to pass between legal spouses free of federal estate tax regardless of amount — but this does not apply to domestic partners. Each domestic partner uses their own $15M individual federal exemption. At current OBBBA exemption levels, very few Virginia DP households approach that threshold. The more immediate risk for Virginia DPs is not estate tax but assets reaching unintended recipients through intestacy or misfiled beneficiary designations — which Virginia's lack of DP recognition makes worse, not better. Use our LGBTQ+ Inheritance and Estate Tax guide for the full federal marital deduction analysis, and our LGBTQ+ Trust Planning guide for trust structures relevant to Virginia DP households.

Portability election for married same-sex couples

Legally married same-sex couples in Virginia have access to the federal estate tax portability election — the surviving spouse can elect to use the deceased spouse's unused exclusion amount (DSUE), effectively doubling the couple's combined federal exemption. Rev. Proc. 2022-32 allows a 5-year window to file the portability election even for estates that were not required to file an estate tax return. For married same-sex couples with combined assets approaching or above $15M, the portability election should be on the post-death checklist regardless of whether an estate tax return is otherwise required.

7. Virginia Medicaid: CSRA for Married Spouses, $0 for Domestic Partners

Virginia Medicaid expansion (2019)

Virginia expanded Medicaid under the ACA effective January 1, 2019, covering adults up to 138% of the federal poverty level. Virginia's expanded Medicaid program (Cover Virginia) has enrolled approximately 600,000 previously uninsured Virginians. For LGBTQ+ Virginians in the 100–138% FPL range who previously fell into the coverage gap (above Medicaid limits but too low for ACA subsidies), expansion eliminated that gap.7

Medicaid CSRA: $162,660 for married spouses, $0 for domestic partners

The Medicaid Community Spouse Resource Allowance (CSRA) protects the at-home community spouse when the other spouse needs nursing-home-level Medicaid care. In 2026, the CSRA allows the community spouse to retain up to $162,660 in countable assets (the federal maximum floor). Virginia has no statewide domestic partnership statute — and therefore no mechanism to extend the CSRA to domestic partners. Virginia Medicaid treats a domestic partner as an unrelated individual. If one partner in a Virginia DP household needs long-term care Medicaid, the other partner is not a protected "community spouse" and has no CSRA protection. The DP applicant must spend down to $2,000 in countable assets individually — without protecting the community partner's assets up to $162,660.

The Minimum Monthly Maintenance Needs Allowance (MMMNA) — which ensures the community spouse retains sufficient income (~$2,644/month in 2026) — also does not apply to domestic partners in Virginia. The financial gap between a legally married couple and a domestic-partner couple facing long-term care Medicaid in Virginia can exceed $162,660 per LTC event, plus monthly income protections. This gap makes private long-term care insurance more important for Virginia DP households, and increases the financial case for marriage as compared to remaining domestic partners.

Virginia Medicaid and LGBTQ+ residents

Virginia Medicaid covers gender-affirming care for Medicaid-eligible individuals. However, the regulatory landscape for coverage has shifted following federal ACA Section 1557 changes (November 2025 vacatur of the transgender coverage regulations). Virginia's state protections for transgender Medicaid beneficiaries depend on Virginia state policy — check with the Virginia Department of Medical Assistance Services (DMAS) or a Virginia-licensed healthcare advocate for current coverage status.

8. Virginia PFML (April 2026): First Southern State, Domestic Partners Covered, December 2028

Virginia's landmark PFML law

On April 22, 2026, Governor Abigail Spanberger signed Virginia's Paid Family and Medical Leave Act into law — making Virginia the first Southern state to enact a paid family and medical leave program. The law passed the General Assembly with bipartisan support and follows similar programs in California, New York, Washington, Massachusetts, New Jersey, Oregon, Colorado, and Minnesota. It is a significant departure from Virginia's historically conservative employment law landscape.8

Domestic partners are covered

The Virginia PFML law defines "family member" broadly to include domestic partners, explicitly covering: a current or former spouse, parent, child of any age, sibling, grandchild, grandparent, parent of a spouse or domestic partner, domestic partner, and individuals who live in the employee's home and depend on the employee for care. A Virginia domestic partner will be eligible to take paid leave to care for a seriously ill partner, or for a partner to bond with a new child. This is a meaningful expansion of Virginia DP rights — the first automatic state-law protection for DPs outside of the anti-discrimination context.8

Timeline and benefit levels

Until December 2028: the DP gap continues

Until the Virginia PFML program begins paying benefits in December 2028, Virginia domestic partners have no paid state leave for partner caregiving and no FMLA job protection for DP caregiving. Federal FMLA covers legally married same-sex spouses for a spouse's serious health condition but explicitly excludes domestic partners. For the next two years, Virginia DPs relying on a partner's income during a caregiving absence have three options: employer-provided paid leave policies (not legally mandated), using short-term disability insurance, or unpaid leave. Quantify this gap in your income-replacement planning. See our LGBTQ+ Disability Insurance guide for DP-specific income replacement sizing.

9. Northern Virginia: FERS, TSP, FEHB, and Military Planning

Why this section exists

The Northern Virginia / DC metro area is home to one of the largest concentrations of federal employees in the United States — the Department of Defense, NSA, CIA, DHS, and dozens of other agencies are headquartered in or near Northern Virginia. Hampton Roads is one of the largest military installations in the country (Naval Station Norfolk, Langley Air Force Base, Fort Belvoir, and more). A Virginia LGBTQ+ financial planning guide that does not address federal employment and military benefits for same-sex couples and domestic partners would be incomplete.

FERS survivor annuity: same-sex spouses protected, domestic partners excluded

Federal Employee Retirement System (FERS) survivor benefits are available to legally married same-sex spouses of federal employees — post-Obergefell, OPM recognized same-sex marriages for all FERS benefit purposes. If a married federal employee dies before retirement, the married same-sex surviving spouse receives a lump-sum FERS benefit plus, if eligible, a survivor annuity. If the employee dies after retirement having elected the survivor annuity option, the surviving spouse receives 25% or 50% of the final annuity payment (based on the election), permanently and for life.9

Domestic partners are not recognized by OPM for FERS survivor purposes. A federal employee who is in a domestic partnership — rather than a legally married same-sex marriage — cannot elect a FERS survivor annuity for their DP. At retirement, if the employee does not elect a survivor benefit, the DP receives nothing from FERS at the employee's death. The life insurance replacement strategy for this gap: maximize FEGLI (Federal Employees' Group Life Insurance) coverage with the domestic partner named as beneficiary. FEGLI proceeds are paid as a lump sum to the named beneficiary and are generally exempt from federal income tax under IRC §101(a). For a federal employee carrying Option B (multiple of salary) and Option C (family) FEGLI coverage, name your domestic partner as beneficiary explicitly — the FEGLI designation controls regardless of your will or intestacy rules.

TSP survivor benefits: married vs. domestic partner

The Thrift Savings Plan (TSP) is the federal 401(k) equivalent. For legally married federal employees, the surviving spouse has automatic first claim on the TSP balance — the employee must obtain notarized spousal consent to name anyone else as primary beneficiary. For a surviving married same-sex spouse, the TSP balance can be rolled into their own individual IRA (spousal rollover), avoiding the 10-year forced-distribution rule.9

For domestic partners named as TSP beneficiaries: the DP is a non-spouse beneficiary. The DP receives the TSP balance as a lump-sum payment or as installments, but cannot execute a spousal rollover. The entire balance is subject to the inherited IRA 10-year forced-distribution rule (SECURE 2.0, IRC §401(a)(9)(H)). Every withdrawal from an inherited TSP account is taxable ordinary income. Use our Domestic Partner Inherited IRA Tax Calculator to model the 10-year forced distribution tax cost vs. what a married same-sex spouse would pay with a spousal rollover. The gap is often significant enough to justify a Roth TSP contribution strategy to reduce the inherited pre-tax balance your partner will face.

FEHB: domestic partner coverage and imputed income

Federal Employees Health Benefits (FEHB) allows federal employees to elect self-only, self-plus-one, or self+family coverage. A domestic partner may be enrolled as the "+1" under self-plus-one coverage at certain agencies — but the employer-paid premium attributable to the domestic partner's coverage is taxable to the federal employee as imputed income under federal law, the same as private-sector employer DP health coverage. Virginia state income tax has no exemption for this imputed income — the full federally imputed amount is also taxable at 5.75% in Virginia. Use our DP Imputed Income Calculator to quantify the annual federal and Virginia state tax cost of covering your domestic partner under FEHB.

Military: SBP, TRICARE, and VA home loans for same-sex spouses

For married same-sex military personnel in the Hampton Roads area and elsewhere in Virginia:

See our LGBTQ+ Military and Veteran Financial Planning guide for the full treatment of DADT discharges, SBP elections, and DIC benefits for same-sex surviving spouses.

Virginia tech corridor: Amazon HQ2 and equity compensation

Amazon's second headquarters (HQ2) is located in Arlington, Virginia, with Phase 2 in Potomac Yard. Northern Virginia's technology corridor (Dulles Tech, Reston, Tysons Corner, McLean) also includes major operations from Booz Allen Hamilton, Leidos, CACI, and numerous tech companies. For LGBTQ+ tech workers with equity compensation (RSUs, ISOs, NQSOs) in Virginia: equity income is taxed as ordinary income in Virginia at up to 5.75%, with no preferential capital gains treatment. See our LGBTQ+ Equity Compensation guide for RSU bracket management, ISO AMT analysis, and the DP vs. married filing status impact on equity compensation tax rates.

10. Virginia Retirement Income: Social Security Exempt, Age Deduction

Social Security is exempt from Virginia income tax

Virginia law excludes Social Security and Tier 1 Railroad Retirement benefits from Virginia taxable income. For LGBTQ+ Virginia retirees, this means SS benefits — including spousal benefits and survivor benefits for married same-sex spouses — are not subject to Virginia's 5.75% income tax. This is an advantage compared to states like Minnesota, which partially taxes Social Security above certain income thresholds. Domestic partners who have no SS spousal or survivor benefit (because they are unmarried and their partner did not die as a married spouse) receive the same exemption on their own SS retirement benefit.10

Virginia age deduction: up to $12,000 per taxpayer age 65+

Virginia allows an "age deduction" of up to $12,000 per taxpayer age 65 or older. The deduction phases out dollar-for-dollar above adjusted income of $50,000 for single filers (zero at $62,000+) and above $75,000 for MFJ filers (zero at $99,000+). For domestic-partner households where each partner files as single: each partner may claim up to $12,000 in age deductions against their individual Virginia income if their individual income is below $62,000. This effectively reduces Virginia taxable income by up to $24,000 combined for a DP couple each earning below the phaseout threshold.10

For IRA distributions and 401(k) withdrawals in retirement: these are fully taxable at Virginia's 5.75% rate, softened by the age deduction at lower income levels. For Virginia domestic partners facing the 10-year inherited IRA forced-distribution rule, the 10 annual distributions will each add to the survivor's Virginia taxable income at up to 5.75% — on top of federal ordinary income tax. If the surviving DP is also receiving Medicare, these distributions can trigger IRMAA surcharges at the single-filer $109K threshold. Plan for all three layers — federal income tax, Virginia state income tax, and Medicare IRMAA — when modeling the inherited IRA distribution impact.

Get matched with a Virginia LGBTQ+ financial advisor

Virginia presents a specific planning environment: the October 2014 marriage date has Social Security implications most advisors overlook, the binary recognition structure leaves domestic-partner households with zero state-law defaults requiring a complete document stack, the Northern Virginia federal employee concentration creates FERS and TSP planning gaps that differ from private-sector retirement planning, and the first Southern PFML law (effective December 2028) will expand DP caregiving rights but leaves a gap until then. Virginia's 5.75% income tax and the Roth conversion calculus for DP households with pre-tax TSP and IRA balances is a meaningful planning decision at today's rates. An LGBTQ+-affirming fee-only advisor who understands Virginia's unique marriage history, the FERS and TSP gap for domestic-partner federal employees, and the Medicaid CSRA void for unmarried Virginian couples will build a more complete plan than a general advisor.

Sources

  1. Same-sex marriage in Virginia: Bostic v. Rainey (E.D. Va. Feb. 13, 2014, Judge Wright Allen); Bostic v. Schaefer (4th Cir. July 28, 2014); U.S. Supreme Court denied certiorari October 6, 2014; Virginia county clerks began issuing licenses at 1:00 p.m. October 6, 2014; Obergefell v. Hodges, 576 U.S. 644 (June 26, 2015). WHSV News — "This Day in History: Same-sex marriage legally recognized in Virginia" (October 6, 2025): whsv.com. Wikipedia — Same-sex marriage in Virginia: wikipedia.org. Social Security Administration — same-sex couples policy: ssa.gov.
  2. Virginia has no statewide domestic partnership registry or civil union statute. Virginia Code — no DP statute enacted as of 2026. Virginia intestacy: Virginia Code §64.2-200 (intestate succession to legal heirs; no provision for unmarried partners). Virginia Human Rights Act (Code §§2.2-3900 et seq.) as amended by Virginia Values Act (2020).
  3. Virginia Values Act (HB 1049 / SB 868): signed April 11, 2020 by Governor Northam; effective July 1, 2020. Amended Virginia Human Rights Act to add sexual orientation and gender identity as protected classes in employment, housing, public accommodations, and credit. HRC — "Virginia Values Act Signed Into Law": hrc.org. McGuireWoods client alert — "Virginia Adds LGBTQ Protections to Anti-Discrimination Law": mcguirewoods.com.
  4. 2006 Marshall-Newman Amendment: Virginia Constitution, Article I, §15-A (ban on same-sex marriage; declared unconstitutional by Bostic v. Schaefer). 2026 repeal amendment: General Assembly approved in 2025 and 2026 sessions; on November 2026 ballot to repeal and replace with affirmative marriage equality guarantee. Ballotpedia — Virginia Remove Constitutional Same-Sex Marriage Ban Amendment (2026): ballotpedia.org.
  5. Virginia income tax brackets: Virginia Code §58.1-320: 2% (0–$3,000), 3% ($3,001–$5,000), 5% ($5,001–$17,000), 5.75% (above $17,000). Standard deduction 2026: $8,750 single / $17,500 MFJ. Personal exemption: $930. No preferential capital gains rate. Virginia Tax — rates: tax.virginia.gov. Tax Foundation — Virginia 2026: taxfoundation.org. IRMAA 2026: $109,000 single / $218,000 MFJ (CMS). 2026 federal brackets: IRS Rev. Proc. 2025-32.
  6. Virginia estate tax repealed: effective 2007 (sponge tax abolished when federal state death tax credit phased out under EGTRRA 2001). No Virginia inheritance tax. OBBBA (One Big Beautiful Bill Act, July 2025) — federal estate/gift/GST exemption permanently $15M per person. Portability: IRC §2010(c)(5)(A); Rev. Proc. 2022-32 — 5-year portability election window. IRC §2056 — unlimited federal marital deduction (legally married spouses only). Virginia Tax — estate tax: tax.virginia.gov.
  7. Virginia Medicaid expansion: effective January 1, 2019 under the ACA (138% FPL). Virginia Department of Medical Assistance Services (DMAS): dmas.virginia.gov. Medicaid CSRA 2026: $162,660 federal floor (CMS annual update); no Virginia extension to domestic partners (no statewide DP statute). MMMNA 2026: minimum $2,644/month for community spouse. Virginia Medicaid does not recognize domestic partners as community spouses.
  8. Virginia Paid Family and Medical Leave Act: signed by Governor Spanberger April 22, 2026. First Southern state PFML law. Payroll contributions begin April 1, 2028; benefit claims begin December 1, 2028. Benefits: 12 weeks, 80% of AWW, capped at Virginia state AWW (approximately $1,507/week as of 2026 — cap recalculated before 2028 launch). Domestic partners explicitly covered in "family member" definition. VEC — "First in the South: Virginia Enacts Paid Family & Medical Leave": vec.virginia.gov. Epstein Becker Green — "Virginia Joins the Club: Paid Family and Medical Leave Coming Soon": ebglaw.com.
  9. FERS survivor annuity for same-sex spouses: OPM recognized same-sex marriages for FERS purposes following Obergefell (June 2015). FERS survivor annuity: 50% (full option, 10% pre-retirement pay reduction) or 25% (partial option, 5% reduction). Domestic partners excluded from FERS survivor annuity (no OPM recognition). TSP spousal rollover: legally married surviving spouse may roll TSP balance into own IRA; non-spouse beneficiary (DP) subject to inherited IRA 10-year rule (SECURE 2.0 §107). FEGLI beneficiary designation controls regardless of marital status. OPM — FERS survivor benefits: opm.gov. TSP — beneficiaries and distributions: tsp.gov. NDAA FY2020 concurrent SBP/DIC receipt (full concurrent receipt since January 2023).
  10. Virginia Social Security exemption: Virginia Code §58.1-322.02 (subtraction for Social Security and Tier 1 Railroad Retirement). Virginia age deduction: up to $12,000 per taxpayer age 65+; phases out above $50,000 (single) / $75,000 (MFJ) adjusted income; zero above ~$62,000 single / ~$99,000 MFJ. Virginia Tax — subtractions: tax.virginia.gov. Brevy Care — Virginia retirement income tax 2026: brevy.com.

Values verified July 2026. Virginia income tax top rate 5.75% above $17,000; standard deduction $8,750 single / $17,500 MFJ; personal exemption $930; no preferential capital gains rate. Virginia estate tax: none (repealed 2007). Virginia inheritance tax: none. Virginia Medicaid CSRA 2026: $162,660 for legally married spouses; $0 for domestic partners (no statewide DP registry). Virginia PFML: signed April 22, 2026 by Governor Spanberger; payroll contributions begin April 1, 2028; benefits begin December 1, 2028; 12 weeks, 80% AWW, domestic partners covered. Virginia same-sex marriage: legal from October 6, 2014 (Bostic v. Schaefer SCOTUS cert denied; Fourth Circuit lifted stay at 1:00 p.m. that day). Virginia Values Act: effective July 1, 2020 (sexual orientation + gender identity protected in employment, housing, credit, public accommodations). Constitutional amendment to remove 2006 marriage ban: on November 2026 ballot. Social Security: recognizes October 2014 Virginia marriage date for spousal/survivor/divorced-spouse benefit calculations. Federal IRMAA 2026: $109,000 single / $218,000 MFJ (CMS). Federal values: IRS Rev. Proc. 2025-32 (2026 brackets, $15M OBBBA exemption). T.D. 10001 — inherited IRA 10-year rule for non-spouse beneficiaries when decedent was past RBD.

Virginia LGBTQ+ Financial Planning Checklist

For married same-sex couples in Virginia

For domestic partners in Virginia

For Virginia federal employees and military