How Domestic Partnerships Legally Compare to Marriage

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

Domestic partnership law varies by state. Many states have done away with civil unions and domestic partnerships. To understand the benefits of a domestic partnership in your state, talk to a local family law attorney.

What Are Domestic Partnerships?

Domestic partnerships provide people with certain benefits traditionally associated with marriage, but without the same formality. For some couples, domestic partnerships are preferable to marriage.

Domestic partnerships were traditionally used by same-sex couples who wanted to get married but could not under state and federal law. At that time, state and federal laws banned same-sex marriage. Domestic partnerships were once among the few 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.

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

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 state law.

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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 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 spousal support 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

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

• California
• Maine
• Nevada
• New Jersey (available only to couples age 62 or older)
• Oregon
• Washington

Additionally, the following states allow civil unions:

• Colorado
• Hawaii
• Illinois

Benefits that Come with Domestic Partnership

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

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

There are some key differences between marriage and domestic partnership benefits. Domestic partners, unlike married couples, can’t jointly file federal tax returns and don’t receive 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, talk to 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

Now that same-sex marriages have legal recognition, domestic partnerships are not a good option for most unmarried couples. However, if you have questions about domestic partnership rights in your state, talk to a family lawyer. Visit the Super Lawyers directory to find a family law attorney in your area for legal advice.