Are Domestic Partnerships Allowed in My State?

When the U.S Supreme Court decided Obergefell v. Hodges in 2015, legalizing same-sex marriage throughout the country, the legal protections for domestic partnerships in many states ended or were phased out.

However, some states have maintained such protections for all interested couples. In a few areas, cities or municipalities recognize domestic partnerships, but there is no statewide registry.

Domestic partnership laws vary by state and local jurisdiction. For legal advice about the options for a domestic partnership where you live, talk to an experienced family law attorney.

Understanding Domestic Partnerships

A domestic partnership is, simply put, a legal relationship for close and committed couples. “It’s a recognition that they are in a special committed relationship while affording some of the rights that married couples receive without the formalization of a marriage,” says Andrea M. Brodie, a family law attorney at Meister Seelig & Fein.

For example, a couple in a domestic partnership in New York City can use family leave for bereavement and childcare, Brodie says. Domestic partners are eligible for health benefits, life insurance, and death benefits. A person can also visit their domestic partner in hospitals, prisons, and other New York City institutions.

Domestic partnerships and civil unions were originally designed for same-sex couples who could not legally marry. However, with the legal recognition of same-sex marriage, there are fewer couples looking for domestic partnerships.

In states like New Jersey, domestic partnerships are limited to older people (same-sex or opposite-sex couples age 62 or older). This provides benefits, such as making medical decisions, exercising inheritance rights, and obtaining tax benefits. However, it does not include all the benefits or financial obligations of married people (such as the inability to file a joint tax return).

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Domestic Partnerships: State-by-State

The following states have domestic partnerships and civil unions:

New York City and various counties in New York recognize domestic partnerships, but there is no statewide registration for these unmarried couples. Arizona and Florida also have local registries in some areas, but without a statewide registry.

Requirements for a Domestic Partnership

The legal requirements for a domestic partnership vary by jurisdiction. Talk to a family lawyer about your state laws if you are interested in registering a domestic partnership.

For example, the eligibility requirements for a domestic partnership in New York City include:

• Cannot be involved in an existing partnership or marriage, or be in a different partnership within the preceding six months
• Cannot be related by blood in a way that prevents marriage under New York law
• Must be 18 or older
• Must live together continuously for six months
• Must live in the jurisdiction in which you’re applying

Other states may require evidence of joint financial arrangements or property ownership, such as a joint bank account or a joint mortgage agreement.

Legal Differences in Asset Protection and Domestic Partnerships

There are key differences between legal marriage and domestic partnerships. Where domestic partnerships fall short is in asset protection.

In a marriage, “whatever you owned together would be unassailable by individual creditors,” says Vesselin Mitev, a family law attorney at Mitev Law Firm. “Not the same thing with domestic partnership. You have to specifically title assets so as to avail yourself of such protection, such as joint tenants with right of survivorship, in order to protect them from creditors against the other.”

If one person in a marriage dies, the surviving spouse automatically acquires ownership of a shared house, whether or not their name was on the deed, says Mitev. “Not the same with domestic partnership. If you buy a house with your domestic partner, unless it specifically says on the deed joint tenants with rights of survivorship — meaning exactly that: you die, your rights pass on to the person that survives you — that house does not belong to you. Only half of the house belongs to you.”

Additionally, domestic partners do not have spousal privilege, which is protection from testifying against their partner in court. A domestic partner also cannot automatically commence a wrongful death action, Mitev says.

Dissolution of a Domestic Partnership

The dissolution of a domestic partnership also differs from that of a marriage. Spousal support is not involved, and issues like custody and division of real estate would have to be addressed under separate legal proceedings. “Whereas if it were a marriage, those could all be addressed as part of a formal divorce,” Brodie says.

To qualify for a domestic partnership, a couple must meet requirements beyond those for marriage, including cohabitation. Further rules and regulations vary by jurisdiction. “If someone is considering it, they really should contact a local attorney in that jurisdiction to find out what’s required,” Brodie says.

Domestic Partnerships Are Not Common Law Marriages

A common misconception is that a domestic partnership is the same as a common-law marriage. Not so, says Brodie. “Common-law marriage basically affords the rights of a marriage without having a formal ceremony. New York requires a formal ceremony.”

New York is one of the states that does not have common law, and never will, Mitev says.

Historically, couples chose domestic partnerships because they couldn’t legally marry, Brodie says. “I don’t know if there’s a large percentage of people that would obtain a domestic partnership now since same-sex marriage is permissible,” she says.

“Most people just don’t bother with it,” Mitev says. “They’re either living with someone, and that’s just the deal, or they’re not.” It could be a good fit for young couples who want to share benefits like health insurance but aren’t ready to get married yet, Mitev says. “That’s the compromise.”

Getting Legal Help for Domestic Partnerships

For more information on this area of law and your legal rights, seek out a reputable family law attorney for legal advice.