Domestic Partnership

What Is a Domestic Partnership?

“Domestic partnership” is the legal term for a committed relationship between two adult partners of the same or opposite sex who are living together but are unmarried. As a legally recognized relationship, a domestic partnership can offer many of the same legal benefits as a marriage.

What Are the Benefits of a Domestic Partnership?

The U.S. federal government does not recognize domestic partnerships. Each state determines its own policies and regulations regarding domestic partnership rights.

Some of the typical benefits are:

• coverage for your partner on a family health insurance policy
• access to partner’s Social Security benefits
• visitation rights in hospitals and prisons
• right to use family leave to care for a sick partner
• right to bereavement leave for a deceased partner

Where Are Domestic Partnerships Accepted?

Unlike civil unions, which exist only on the state level, domestic partnerships can exist at the city or state level. For example, New York City recognizes domestic partnerships even though the state of New York does not.

The current domestic partnership states (and districts) are:

• California
• District of Columbia (D.C.)
• Hawaii (known as a Reciprocal Beneficiary Relationship)
• Maine
• Nevada
• New Jersey
• Oregon
• Washington
• Wisconsin

Civil unions are recognized in:

• Colorado
• Hawaii
• Illinois
• New Jersey
• Vermont

How to terminate a domestic partnership

A domestic partnership can legally end in the same way as a divorce, with what is called a termination of a domestic partnership. This process, which often involves the division of shared property, may require legal representation.

How to Register a Domestic Partnership

Each state has the right to set its own requirements for domestic partnerships. This discrepancy means that if you enter into a domestic partnership in one state, another state may not recognize it.

In order to register a domestic partnership, a couple must meet some of the same requirements as those seeking marital status. For example, the partners may have to register in person and pay a fee. Although they can vary from state to state, here are some typical requirements of a domestic partnership registry:

• Both individuals must be age 18 or older and not related by blood.
• Partners must have a common residence and intend to continue to do so.
• They agree to share a significant responsibility for each other’s financial obligations.
• They are not married or in a civil union or domestic partnership with anyone else.

Domestic Partnership vs. Common-Law Marriage

One of the frequently asked questions unmarried committed couples have regards the difference between a domestic partnership and a common-law marriage.

Like a domestic partnership, the legal term “common-law marriage” applies to the relationship between two adults who have not formalized their marriage through an official ceremony.

Generally, a couple is considered common-law married when they have lived together (cohabitated) for a significant period of time and refer to their relationship as a marriage to friends, family, co-workers, and the community at large.

Couples need to check with their state laws for any specific differences between common law marriage and domestic partnership to see what status is the correct term for their relationship.

Helpful Resouces:

NYC City Clerk - Domestic Partnership Registration

California Secretary of State - Domestic Partners Registry

Same-SexOPM - Domestic Partner Benefits

NCLS - Civil Unions and Domestic Partnership Statutes