What is a domestic partnership? Facts and advice

Domestic partnership is an alternative to marriage that allows many of the same rights and protections, with exceptions. Modern relationships have expanded far beyond the bounds of "traditional" marriage, but how can the average couple choose between all of the different options?

Important facts about domestic partnerships

1. State protections—not federal. By definition, a domestic partnership is offered by state or local jurisdictions, not the federal government. This means that while you may enjoy their benefits in your own state, traveling or moving out of state can come with complications.
2. Benefits can vary. In general, domestic partnerships offer benefits such as shared health insurance, hospital visitation rights, tax breaks, and parental rights. That said, these benefits can vary significantly from one state to another, so learning your home state's rules is time well invested.
3. Eligibility is simple. Figuring out if you're eligible to register as domestic partners comes down to four things: if you're both of age, not blood-related, share a home, and are not married or part of another domestic partnership.
4. Registration is even simpler. Usually, applying for a domestic partnership takes only a few steps: meeting eligibility requirements, filing the right forms, and paying a small fee.

What is a domestic partnership?

In legal terms, a domestic partnership is a legally recognized relationship between two adults of the same or opposite sex who share a common domestic life. Indistinguishable from marriage in most ways, a domestic partnership offers such partners rights and benefits similar to what they would gain from marriage—with one crucial difference.

Rather than being recognized under federal law, domestic partnerships are strictly limited to the state or local jurisdiction in which they're offered. Tax benefits, for instance, can only be claimed for state taxes, not federal. This also means that benefits and rights, significant though they may be in the couple's home state, may change substantially if they move or travel to another state.

Historically, domestic partnerships were a way for same-sex couples to join their lives in a more official capacity. In recent years, however, states have begun opening up their domestic partnership programs to all sorts of couples, regardless of sex. In some situations (that we'll talk about in a bit), a domestic partnership may even offer niche benefits that a "normal" marriage could not.

States that allow domestic partnerships

As of 2024, there are nine states that offer a domestic partnership registry, including:

• California
• District of Columbia
• Maine
• Maryland (with limited benefits)
• Nevada
• New Jersey
• Oregon
• Washington
• Wisconsin

Two other states offer programs similar to domestic partnerships but with different names and regulations. These are:

• Colorado (designated beneficiary agreement)
• Hawaii (reciprocal beneficiary relationship)

Keep in mind that benefits, rights, and even application processes can vary dramatically from state to state, so it's important to research the legislation and rules in your home state to make sure you're protected.

Finally, some local governments may offer a form of domestic partnership even if the state in which they are located does not. While often less comprehensive than state-level programs, these can also offer valuable benefits for registered domestic partners.

How to register a domestic partnership

Although the benefits and rights offered to domestic partners may vary from state to state, the registration process is relatively straightforward across all of them. In general, states require domestic partners to:

1. Confirm eligibility

Before investing any time into paperwork, it's best to first make sure that you and your partner are both eligible to register as domestic partners. This means that you'll need to not be related by blood, live together, be at least 18 years old, and not be married or part of another registered domestic partnership.

2. Fill out an application

In most cases, you can download a copy of your domestic partnership registration from the Secretary of State website in your home state. If that isn't available, most county or city clerk offices will have the forms.

Once you have them, you and your partner should supply all the required information, such as your names, address, and proof of identity. In most cases, you'll need to have your application notarized, which can be done at many banks or by hiring a private notary.

3. Submit and pay application fees

Once you and your partner have completed your application, submit it to your local city or county clerk's office. Usually, there will be a small fee involved, which is often reduced for couples above a certain age and may be waived entirely in some circumstances.

4. Receive the domestic partnership certificate

After your application has been processed and confirmed, the state or municipality in which you filed will send you an official domestic partnership certificate. This serves as proof of your legally bound relationship and can be used to assert your rights as a member of a domestic partnership.

Remember to keep a copy on hand, as insurance companies or other organizations may require it when negotiating benefits.

5. Update relevant information

Now that you're officially in a domestic partnership make sure to inform your employer, insurance company, lawyer, and anyone else who may need to use the updated information for legal reasons.

What are domestic partner benefits and rights?

In general, a valid, registered domestic partnership offers many of the same rights you would enjoy as a "traditionally” married couple. Although the list below represents a broad, comprehensive overview of what you can expect from a domestic partnership, it's important to always check your state's laws to fully understand what protections you gain from registering.

Insurance benefits

All things considered, one of the most common reasons that couples choose to form a domestic partnership is to share insurance benefits. Specifically, many employers in states that offer a domestic partnership program will offer health, dental, and vision insurance in the same way they would for a married couple.

Keep in mind, however, that the lack of federal recognition for such couples can complicate taxes on the benefits they receive. If necessary, make sure to consult a tax professional to make sure your tax return complies with federal regulations. One of the most common benefits for domestic partners is the ability to share health insurance plans.

End-of-life rights

One of the key legal benefits of registering a domestic partnership is the ability to make medical and end-of-life decisions for your partner. This includes hospital visitation rights, decision-making rights for funeral preparation, and even the ability to claim worker's comp if your partner is wrongfully killed at work.

Parental rights

Parental rights can be a tricky thing to navigate for unmarried couples, and these benefits vary more than most from state to state. In some areas, for example, domestic partner benefits mean that they can jointly adopt a child, where other jurisdictions may complicate the issue.

In situations where domestic partners are considering becoming non-biological parents, consulting a lawyer is always the best bet for making sure the process happens smoothly.

Estate planning

In all cases, registered domestic partners reserve the right to inherit from each other or pass on assets in the absence of a will, identical to the rights of married couples. This also extends to the right to make financial or medical decisions through a power of attorney.

That said, the lack of federal recognition can make estate planning much more complicated than with married couples, so it's crucial to make absolutely sure that every part of your estate plan is properly drafted, filed, and stored.

Tax benefits

Regardless of the state in which they live, registered domestic partners cannot file jointly on federal taxes. That said, those couples can claim many tax benefits at the state level. Usually, these benefits are identical to those enjoyed by married couples, but it's best to consult a tax professional to avoid mistakes or potential audits.

Employee benefits

Often, businesses will extend many of the same benefits they reserve for married couples to members of a domestic partnership. These benefits typically include family leave, sick leave, maternity or paternity leave, and bereavement leave, as well as paid time off to take care of your partner.

Legal challenges domestic partners might face

Regardless of whether you choose traditional marriage, civil union, domestic partnership, or any other way to bring your relationship to the next level, there are some legal considerations to keep in mind.

With domestic partnerships, specifically, these include:

Lack of federal protections

Typically, the bulk of the challenges that domestic partners will encounter boil down to the fact that they lack the federal protections enjoyed by married couples. This can mean problems with Social Security benefits, rights and benefits when moving between states, or immigration difficulties.

Different state laws

Because they aren't federally recognized, the rights offered by domestic partnerships can vary dramatically from one state to another—or even between different jurisdictions within the same state.

Without a clear understanding of local and state laws, these differences can cause confusion, frustration, or even legal issues for domestic partners. These issues are especially problematic when moving to a new area, so make sure to familiarize yourself with your new home's laws and regulations before making the move.

Healthcare decisions

Although many states with a domestic partnership registry offer end-of-life and medical decision-making rights to domestic partners, these rights may not be universally recognized.

In order to prevent complications, domestic partners should create legal documents, such as a medical power of attorney. That way, you can both avoid unnecessary stress and potential tragedy if a medical emergency occurs.

Parental rights

In general, parental rights are more complicated for domestic partners than they would be for a married couple, including adoption, custody battles, or visitation rights. These subjects are further complicated if either member of the domestic partnership is not a child's biological parent.

Estate planning issues

While domestic partners are given some rights regarding inheritance and wills, estate planning is considerably more complicated than it would be with marriage. Without careful planning and clear, enforceable estate planning documents, issues may arise regarding inheritance rights or the division of property.

Lack of Social Security benefits

Because domestic partnerships are not recognized at the federal level, many domestic partners cannot claim Social Security benefits when their partners die. In some cases, same-sex couples may qualify for these benefits, but those situations are handled on a case-by-case basis by the federal government.

How to get started with your domestic partnership

Whether you're looking to register a new domestic partnership or solidify it with estate planning and tax help, it's always best to consult a legal professional with experience in family law. Beyond helping you navigate the complex, murky territory of domestic partnership law, they can also give you and your loved one the peace of mind you need to enjoy your partnership the way you deserve.

FAQs

How do you dissolve a domestic partnership?

If things ultimately don't work out between you and your partner, dissolving a domestic partnership is very similar to the process of registering one. You'll need to check your state's eligibility rules, file for dissolution, serve the papers to your partner, and then register that dissolution with the state. In cases where a dissolution is contested, you may need to appear in court.

Do we need to be in a relationship for a minimum number of years to be domestic partners?

In general, states no longer require couples to have been in a relationship for any set amount of time before registering for a domestic partnership.

How is a domestic partnership different from a common law marriage?

In essence, a common law marriage is simply a traditional marriage done through non-traditional means. Unlike a domestic partnership, the rights of a couple married through common law are recognized across all states. That said, couples can only become married through common law in relatively few states.

Can you get a prenup for a domestic partnership?

Although you technically cannot get a prenup for your domestic partnership, you can get something known as a domestic partnership agreement. Though named differently, the two documents cover many of the same topics and offer nearly identical protections.

Are domestic partnerships only for same-sex couples?

Historically, domestic partnership law began as an alternative to same-sex marriage. In most states that support the practice today, however, an individual can form a domestic partnership with his or her domestic partner regardless of whether they are the same or opposite sex.