What Is a Domestic Partnership?

A domestic partnership is a committed relationship between two people who live together but are not married. A few states extend benefits to domestic partners. In the locations that extend benefits to domestic partners, a couple can apply to register their relationship and receive certain government benefits, some of the same benefits as marriage, but not all of them

A couple in a domestic partnership share a residence, finances and can even raise children together as unmarried parents. Domestic parternship was originally available to same-sex couples who were barred from getting married, but now marriage is available to same-sex couples in all states. Some states still offer domestic partnership to same-sex couplles. Some localities offer domestic partnership to all couples.

There are no federally-mandated guidelines for what a domestic partnership is, because domestic partnership, like marriage, is a matter of state and local law. Each state and locality defines these relationships differently.

How Do You Register as Domestic Partners?

Couples can formalize their domestic partnership by registering in the manner prescribed by law in the place they are registering. This might be with their employer, local government, a state court or other governmental agency in the state in which they reside, if there is recognition of domestic partnerships. In most locations, both partners must be at least 18 years of age, unmarried, and competent to enter into a contract. They must not be in another domestic partnership relationship; they must have been in the committed relationship for a period of at least six months.

In some states, the couple can begin the process by filing applications in a state courthouse and signing them with witnesses present. Additionally, the partners may need to provide proper identification with the necessary fees to complete the process. The process is different elsewhere. For example, in Washington, D.C., city residents who want to register as domestic partners must appear in person at the D.C. Department of Health, submit their application, and pay a fee to register. They must also present documentation proving that they satisfy the registration requirements, e.g. they are over the age of 18, unmarried, and share a permanent residence.

The documents that will be useful in applying for a domestic partnership relationship are as follows:

Proper identification i.e. a driver’s license, passport or other documents that provide proper identification. Partners should check the law of the state, county or city in which they live and are registering;
A deed showing title to residential real property, mortgage, or rental agreement naming both applicants as occupants of the residence.

If a person and their partner hold themselves out as being in a domestic partnership, but do not formally register with a court, they may not be able to receive the same benefits as a couple who is formally registered with a court or other agency of government as required by local law. Again, it is important to check the law in the state, county and/or municipality where the couple lives.

Registration itself does not offer any immediate benefits; the affidavit itself is what creates the domestic partnership and not the registration. Nonetheless, third parties such as insurance companies and employers look at the registry to decide who might be eligible for employee benefits, e.g. spousal coverage for health insurance. So, it is important to check the law in the city and county in which a person lives.

At the time when the partners establish their domestic partnership, they may want to consult a lawyer about making arrangements for their assets, as well as specifying what would happen if they were to decide to separate. These issues are not addressed in the standard affidavit for a domestic partnership.

Which States Recognize Domestic Partnership?

Domestic partnership law has changed with the advent of same-sex marriage is virtually all states of the U.S. Therefore, it is important that a person consult with an experienced family law attorney on the current status of domestic partnership in their state, county and municipality.

The following states, counties and cities offer marriage and, in many cases, domestic partnership to same-sex couples:

Alabama: Marriage is available to same-sex couples;
Alaska: Marriage is available to same-sex couples. Domestic partnerships are limited to state employees only and available to same-sex couples;
Arizona: Marriage is available to same-sex couples. Domestic partnerships are limited to state employees only and available to same-sex couples;
Arkansans: Marriage is available to same-sex couples;
California: Both marriage and domestic partnership are offered to same-sex couples throughout the state. Some cities offer domestic partnership to all couples.
Colorado: Marriage, civil union and designated beneficiary agreements are available to same-sex couples
Connecticut: Marriage and domestic partnership, limited to state employees, are available to same-sex couples and all prior civil unions have been converted to marriages;
Delaware: Marriage and domestic partnership, limited to state employees, are available to same sex couples. Previous civil unions have been converted to marriages.
District of Columbia (Washington, D.C.): Marriage and domestic partnership are available to same-sex couples;
Florida: Marriage is available to same-sex couples. Various cities and counties offer domestic partnerships to all couples. Some limit benefits to city employees or county employees;
Georgia: Marriage is available to same-sex couples;
Hawaii: The state extends benefits to partners of state employees only and maintains a registry. Same-sex marriages, civil unions, and reciprocal beneficiary relationships are all available throughout the state to same-sex couples;
Idaho: Marriage is available to same-sex couples;
Illinois: Marriage, civil unions and domestic partnerships, limited to state employees only, are all available to same-sex couples;
Indiana: Marriage is available to same-sex partners;
Iowa: Marriage and domestic partnership, limited to state employees, are available to same-sex couples;
Kansas: Marriages is available to same-sex couples;
Kentucky: Marriage is available to same-sex couples;
Louisiana: Marriage is available to same-sex couples;
Maine: Marriage and domestic partnership are available to same-sex couples;
Maryland: Marriage and domestic partnership are available to same-sex couples. Some counties and cities offer domestic partnership to all couples;
Massachusetts: Marriage and domestic partnerships, limited to state employees only, are both available to same-sex couples.
Michigan: Marriage is available to same-sex couples. In some cities and counties, domestic partnership is available to all couples;
Minnesota: Marriage is available to same-sex couples. In some cities, domestic partnership is available to all couples. In some of them, there are residency requirements for domestic partnership;
Mississippi: Marriage is available to same-sex couples;
Missouri: Marriage is available to same-sex couples;
Montana: Same-sex marriage is available in the state. Domestic partnership is available to same-sex couples and limited to state employees;
Nebraska: Marriage is available to same-sex partners;
Nevada: Both marriage and domestic partnership are available to same-sex couples;
New Jersey: Marriage, civil union and domestic partnership are available to same-sex copules;
New Hampshire: Marriage is available to same-sex couples and all previous civil unions have been converted to marriages;
New Mexico: Marriage and domestic partnership, limited to state employees, are available to same-sex couples;
New York: Marriage and domestic partnership,limited to state employees, are available to same-sex couples. Some cities and counties offer domestic partnership to all couples;
North Carolina: Marriage is available to same-sex couples. Various cities and counties have differing approaches to domestic partnership;
North Dakota: Marriage is available to same-sex couples;
Ohio: Marriage is available to same-sex couples;
Oklahoma: Marriage is available to same-sex couples;
Oregon: Both domestic partnerships and marriage are offered to same-sex couples throughout the state. A couple of cities offer domestic partnerships to all couple;
Pennsylvania: Marriage is available to same-sex partners;
Rhode Island: Marriage and domestic partnerships, limited to state employees only, are available to same-sex couples, and all previous civil unions have been converted to marriages.
South Dakota: Marriage is available to same-sex couples;
Tennessee: Marriage is available to same-sex couples;
Texas: Marriage is available to same-sex couples;
Utah: Marriage is available to same-sex couples;
Vermont: Marriage and domestic partnerships, limited to state employees only, are available to same-sex couples. Civil unions entered into before 2009 are still recognized by the state;
Virginia: Marriage is available to same sex couples;
Washington State: Marriage is available to same-sex couples. All previous domestic partnerships, except for those with at least one member aged 62 or above, have been converted to civil marriages. Some cities have domestic partnership registries that are available to all couples;
West Virginia: Marriage is available to same-sex couples;
Wisconsin: Marriage is available to same-sex couples. In some cities and counties, domestic partnerships are available to all couples;
Wyoming: Marriage is available to same-sex couples.

It is clear that the situation varies widely from state to state, city to city and county to county. Therefore, a person should look at the exact guidelines in the state and locality in which they live. Also, some states allow same-sex marriage, while locations in the state recognize domestic partnerships as well. So, in some locations, a couple would be able to choose between them.

What are the Benefits of a Domestic Partnership?

Although domestic partners might not enjoy exactly the same rights and benefits as married couples, states do offer some benefits which can include the right to receive the following:

Health, dental and vision insurance;
Death benefits and inheritance rights;
Visitation rights in jails and hospitals;
The authority for one partner to make medical and financial decisions for a partner;
Accident and life insurance;
Housing rights; and
Parental leave and adoption rights.

Some employers offer these benefits even if the state in which they do business does not recognize the domestic partnership relationship.

How is a Domestic Partnership Terminated?

As with everything connected to domestic partnership, the ways to terminate it vary from state to state. In some states, either party or both parties can apply for a termination of the domestic partnership relationship. After filing, there is a six-month waiting period before the domestic partnership terminates. During this time, there is still a continuation of benefits for both the partners.

The end of a domestic partnership may well involve some of the same issues as divorce. Again, it is important to consult a family law attorney in the place where a person lives.

A partner who has applied for the termination may be able to withdraw it, if the relationship still meets the requirements of the domestic partnership. However, once the six-month period expires, the couple will need to reapply for a new domestic partnership after the termination of the previous one.

Automatic termination of the domestic partnership can occur for any of the following reasons:

Death of one of the partners;
The partners marry each other;
One partner marries someone else or;
One partner abandons the relationship or the mutual residence.

How Does a Domestic Partnership Compare with a Marriage?

The differences between a domestic partnership and a marriage vary by state. The right to enter into a marriage is available to all individuals in every state. However, not all states recognize a domestic partnership relationship.

Marriage often entails more protections and benefits than a domestic partnership. Domestic relations are not considered “family” by law. Married couples can inherit assets automatically upon death, but this is not the case for domestic partners. A married couple can file joint federal and state income tax returns.

Additionally, married couples have the benefits of social security; one spouse can benefit from the other spouse’s social security benefit and may be entitled to a portion of a spouse’s benefit if the spouse dies.

A couple must get divorced in order to terminate a marriage. This process might be more complicated than the process for ending a domestic partnership or even a civil union.

Choosing to be in a domestic partnership or marriage can depend on various emotional and relationship factors. Therefore, when considering the options, it will be useful to understand the rights and benefits that come with each kind of relationship. A person should really consult an experienced family law attorney in their place of residence to gain a full understanding.

Do I Need to Consult a Family Lawyer for Help with Domestic Partnership Issues?

The law regarding marriage and domestic partnership is complicated and depends largely on where a person lives. It is best to consult an experienced family law lawyer in order to get a full explanation of the options available in the place where a person lives and what the benefits and disadvantages of each status are. This will ensure that you make the best choice for your particular situation and understand all implications of your choice.

What Is a Domestic Partnership?