What Are Domestic Partnerships?

Use these links to jump to different sections:

• What Are Domestic Partnerships?
• The Evolution of Marriage Law in the United States
• Domestic Partnerships are Still Relevant
• Benefits that Come with Domestic Partnership
• Registering for a Domestic Partnership
• Find Legal Help

Domestic partnerships are committed relationships where individuals share a residence and live together without being married. Though only recognized by a handful of states, such partnerships give individuals some of the legal benefits of marriage.  

What Are Domestic Partnerships? 

Domestic partnership law “varies from state to state. The laws of New Jersey are different from those of New York or any other state in the area,” says New Jersey family law attorney Joseph P. Cadicina.

Some states refer to domestic partnerships as “civil unions,” whereas in other states, domestic partnerships and civil unions are different. The definition of “domestic partnership” and the process for registering as domestic partners also depend on the state. 

In states that recognize them, domestic partnerships give individuals certain benefits that traditionally come with marriage but without the same formality. Because of this, cohabitation and domestic partnerships are preferable to getting married for some couples. Domestic partnerships were traditionally used by same-sex couples who wanted to get married but could not under state and federal law, which at the time banned same-sex marriage. Domestic partnerships used to be one of the only ways for same-sex couples to claim some of the legal rights and benefits reserved for opposite-sex couples in marriage. Now that same-sex marriage is legal throughout the United States, domestic partnerships are no longer the only option.

The Evolution of Marriage Law in the United States

Cadicina gives the evolution of the law in New Jersey as an example. “Domestic partnerships were formed in New Jersey for basically one reason: The parties could not legally marry in the state. In order to recognize and provide benefits to individuals in certain relationships–usually, same-sex relationships–state law allowed them to enter into domestic partnerships. One of the primary reasons individuals would register for domestic partnerships was to be considered a household member for purposes of health insurance and other types of recognition that the parties would enter into.” 

Cadicina explains that “the laws then changed in New Jersey, and we went to civil unions, which are more like a marriage than domestic partnerships are. For example, in a domestic partnership, you couldn’t file for divorce and get alimony or division of assets from the other person, whereas you could [get those things] in a civil union. Then, the law in New Jersey changed again to allow for a marriage rather than a civil union” for same-sex couples. 

“Since this area is governed by state law, these issues and terms are constantly changing and differ from state to state,” concludes Cadicina. “Every state comes up with its own legal concepts for how it will address non-traditional marriages.” 

Same-Sex Marriage Legalized in 2015

As a legal alternative to same-sex marriage, domestic partnerships were especially important prior to the U.S. Supreme Court’s 2015 case, Obergefell v. Hodges. Obergefell established that same-sex couples have a constitutional right to marriage and thus overruled state laws banning same-sex marriages. Since Obergefell, same-sex marriage has been legal in all states. As a result, domestic partnerships have become less common. In response to the possibility that the U.S. Supreme Court could overturn Obergefell and eliminate the constitutional right to same-sex marriage, Congress passed the Respect for Marriage Act (RMFA) in December 2022. Under the RMFA, the federal and state governments must recognize valid same-sex marriages.  

Domestic Partnerships are Still Relevant

Though federal and state laws have progressed to recognize same-sex marriage, the following states–plus Washington, D.C., and many cities and municipalities across the U.S.–allow domestic partnerships: 

• California 
• Maine 
• Nevada 
• Oregon 
• Washington 

Additionally, civil unions are allowed in the following states:  

• Colorado  
• Hawaii 
• Illinois 
• Vermont  

Benefits that Come with Domestic Partnership 

Registered domestic partnerships may secure some of the protections and legal benefits of marriage, including: 

• Healthcare benefits 
• Housing benefits 
• Hospital visitation rights 
• Eligibility for work bereavement leave 
• Parental rights and child support 
• Alimony
• Life insurance 
• Inheritance rights in estate planning  

A couple of key differences between marriage and domestic partnership benefits are that domestic partners, unlike married couples, can’t jointly file federal tax returns and don’t get Social Security benefits. 

Registering for a Domestic Partnership  

As noted above, state laws governing domestic partnerships vary. This includes the legal process for registering as domestic partners. Despite local variations in registration requirements, couples generally must:  

• Complete a domestic partnership application at their local court or municipal government office 
• Sign the application in front of a required number of witnesses and possibly have it notarized 
• Pay a registration fee 

If you are considering a domestic partnership agreement, it’s wise to speak with a lawyer about the benefits and rights of a domestic partnership status where you live. A domestic partnership may be a good fit for you, or you may want to pursue another avenue, depending on your situation. 

Find Legal Help

Visit the Super Lawyers directory to find a family law attorney in your area for legal advice. For more information about legal planning for relationships, see our overview of family law.