What Is a Domestic Partnership, and How Does It Differ from Marriage?

• What is a domestic partnership?
• Domestic partnership, civil union, and marriage
• Government stances
• Examples by state
• Benefits of domestic partnership vs. marriage
• Financial implications
• How to register a domestic partnership
• How to end a domestic partnership

Many people associate the term "domestic partnership" with same-sex couples. But domestic partnerships can take several different forms – assuming you live in a state that recognizes domestic partnership as an alternative to marriage.

What is a domestic partnership?

A domestic partnership is a legally recognized relationship between two individuals living together and sharing a domestic life without marriage. To qualify, these individuals must be each other’s sole domestic partner, share financial responsibilities such as household expenses, and meet specific legal requirements set by their residential jurisdiction. Domestic partnerships provide some of the rights and benefits of marriage, including healthcare and inheritance rights, but these can vary.

Domestic partnership, civil union, and marriage

Today, same-sex spouses have the same federally protected benefits and rights as heterosexual couples. However, domestic partnerships and civil unions, as succinctly different legal relationships, are still available in some jurisdictions, and some couples prefer these alternative partnerships for various reasons. 

Civil unions and domestic partnerships are state-regulated and sometimes locally regulated, with the laws and requirements of each jurisdiction varying widely. However, these partnerships typically don’t have the same rights as married partners. 

Same-sex marriage

Before the U.S. Supreme Court conveyed federal marital rights to same-sex couples, some states recognized their own form of same-sex marriage. But if these married couples moved to different locales, they would be subject to vastly different laws in whatever jurisdiction they moved to. 

Fortunately, the federal recognition of same-sex marriage ensures that the benefits and rights of same-sex spouses are now consistent and protected throughout the country. 

What is the difference between civil unions and domestic partnerships?

Before federal recognition of same-sex marriage, civil unions, and domestic partnerships were considered the only legal alternatives to traditional marriage in some states. 

Civil unions, first legalized in Vermont, gave same-sex couples state benefits and protections similar to heterosexual couples. But not all states recognized them, and rights and benefits differed depending on the jurisdiction. Most states have stopped offering civil unions, and the existing ones were converted into legal marriages. Today, Colorado, Illinois, Vermont, Hawaii, and New Jersey are the only states that still offer civil unions for those who want them.

Like civil unions, domestic partnerships were originally intended to give same-sex couples essential legal and economic rights because there was no legal same-sex marriage. While marriage is now legal for all couples in the U.S., some still favor domestic partnerships. 

Domestic partnerships can exist at the state or local level, and rights and benefits will vary from jurisdiction to jurisdiction. Couples seeking a domestic partnership will often need to register with the local or state government and meet certain requirements.

Comparison table: domestic partnerships, civil unions, and marriage

Here’s a table outlining the key differences between domestic partnerships, civil unions, and marriage, focusing on rights and benefits. Note that this is a high-level overview. Legal rights and benefits vary by state or sometimes county. Check your local laws.

Rights and responsibilities

Domestic partnerships grant certain legal rights and responsibilities to partners. While they may not offer the full benefits of marriage, they do provide important protections in various aspects of life. Here are the key areas where domestic partners may have rights and responsibilities:

1. Healthcare & medical decision-making

• The right to visit each other in hospitals and make medical decisions if one partner is incapacitated.
• Health insurance benefits if an employer includes domestic partnerships for coverage.
• Partners may be able to act as healthcare proxies or medical power of attorney, for critical health-related decisions.

2. Financial rights & responsibilities

• Domestic partners often share finances, such as joint bank accounts, household expenses, and debts.
• They may be required to support each other financially, similar to spousal support.
• The right to receive certain employment benefits, including shared health insurance and pension rights, if offered by an employer.

3. Parental & child custody rights

• Domestic partners may have the right to adopt children together or secure parental recognition if one partner is the biological parent.
• During a separation or dissolution, custody and child support responsibilities may apply and they may need to be detailed in a legal agreement.

4. Property & housing

• May jointly own property and have legal protections regarding home ownership and tenancy.
• Some jurisdictions grant inheritance rights to domestic partners, but in others, a will is necessary.
• Partners may be responsible for shared debts and financial obligations related to property and living expenses.

5. Employment & workplace benefits

• Some employers offer domestic partner benefits, such as health insurance, family leave, and bereavement leave.
• Domestic partners may also have rights under family and medical leave laws.

6. Legal protections & separation rights

• Domestic partnerships can be legally ended, requiring paperwork similar to a divorce.
• Some courts require a separation agreement, especially when dividing assets, determining financial support, or addressing child custody.
• Unlike marriage, federal protections for spousal privilege in legal cases (e.g., the right not to testify against a spouse) may not apply.

7. Immigration & federal recognition

• Domestic partnerships are not recognized at the federal level, meaning partners cannot sponsor each other for immigration benefits.
• International recognition of domestic partnerships varies, and some countries may not provide legal protections for partners traveling abroad.

Domestic partnership according to the federal government

The federal government of the United States does not officially recognize domestic partnerships, limiting access to federal benefits for partners in such arrangements. While some state and local governments offer legal recognition and certain benefits to domestic partners, these do not extend to federal programs.

Federal benefits and limitations:

• Taxation: Domestic partners cannot file joint federal tax returns, nor can they access marital tax deductions and credits.
• Social Security: Survivor and spousal Social Security benefits are exclusive to married couples; domestic partners are ineligible.
• Healthcare: Federal programs like Medicare do not provide spousal benefits to domestic partners.
• Immigration: Domestic partnerships do not confer eligibility for immigration benefits, such as sponsoring a partner for a visa or permanent residency.

Employer-provided benefits

Some employers offer benefits to domestic partners, including health insurance and family leave. However, the value of these benefits is typically considered taxable income under federal law, unlike benefits provided to married spouses.

Recent developments

The landmark Supreme Court decision in United States v. Windsor (2013) invalidated Section 3 of the Defense of Marriage Act (DOMA), leading to federal recognition of same-sex marriages. This ruling extended federal benefits to legally married same-sex couples but did not affect domestic partnerships.

Domestic partnership according to state government

Despite the federal government’s lack of recognition, several states have laws in place that recognize domestic partnerships. The states that offer state-wide laws of this kind are California, Washington, the District of Columbia, Hawaii, Wisconsin, Maine, Nevada, New Jersey, and Oregon.

Other states, like Texas and Arizona, have municipalities and counties with registries for domestic partnerships. Since state or local governments regulate the laws for these partnerships, couples may receive many of the same benefits as married individuals … or not.

Notably, domestic partnership laws are not uniform across the states that recognize them. In fact, individual counties within a state may offer different benefits to domestic partners. 

Below is a list of U.S. states and jurisdictions that recognize domestic partnerships, along with brief summaries of their laws and the variations in rights conferred:

California

• Recognition: Domestic partnerships have been available since 2000 for same-sex couples and, since 2019, for opposite-sex couples.
• Rights: Domestic partners are granted nearly all state-recognized rights and responsibilities of marriage.

Washington D.C.

• Recognition: Domestic partnerships have been recognized since 1992.
• Rights: Partners receive rights similar to those of married couples, including health care decision-making, inheritance rights, and joint tax filings at the local level.

Hawaii

• Recognition: Reciprocal beneficiary relationships were established in 1997, allowing two adults who are prohibited by state law from marrying to register.
• Rights: These partnerships confer limited rights, such as hospital visitation and property rights.

Maine

• Recognition: Domestic partnerships have been recognized since 2004.
• Rights: Partners are granted rights including inheritance, guardianship, and the ability to make funeral arrangements for each other.

Nevada

• Recognition: Domestic partnerships have been available since 2009 for couples regardless of gender.
• Rights: Partners receive all the benefits, rights, obligations, and responsibilities of marriage at the state level, but the law does not require employers to provide health benefits to domestic partners.

Oregon

• Recognition: The Oregon Family Fairness Act, enacted in 2007, allows for domestic partnerships.
• Rights: Partners receive nearly all state-recognized rights of marriage, including inheritance rights, joint tax filings, and hospital visitation rights.

Washington

• Recognition: Domestic partnerships were established in 2007 and expanded over time.
• Rights: Initially, partners received limited rights, but subsequent expansions granted nearly all state-recognized rights of marriage. Since June 30, 2014, domestic partnerships are available only when at least one partner is 62 or older.

New Jersey

• Recognition: Domestic partnerships have been available since 2004 for same-sex couples and opposite-sex couples where one partner is above the age of 62.
• Rights: Partners receive a subset of rights compared to marriage, including hospital visitation and inheritance rights. In 2007, New Jersey also established civil unions granting all state rights of marriage to same-sex couples.

Colorado

• Recognition: Since 2009, designated beneficiary agreements have been available, granting limited rights.
• Rights: These agreements provide limited rights, such as hospital visitation and inheritance rights. In 2013, Colorado legalized civil unions, offering state-level rights akin to marriage.

Illinois

• Recognition: Some local jurisdictions, such as the Village of Oak Park, began offering domestic partnership registries in 1997.
• Rights: These registries were largely symbolic, requiring couples to attest to committed relationships of at least six months.

Maryland

• Recognition: Since July 1, 2008, unmarried couples have been able to enter designated unregistered beneficiary agreements.
• Rights: These agreements grant limited rights, such as hospital visitation, the right to share a room in a nursing home, and the right to make funeral decisions.

Wisconsin

• Recognition: The state established a domestic partnership registry in 2009, providing certain rights and obligations of marriage to same-sex couples.
• Rights: Partners received limited rights, such as hospital visitation and inheritance rights. However, Wisconsin ended its domestic partnership registry on April 1, 2018.

Vermont

• Recognition: Vermont was the first state to offer civil unions in 2000, providing same-sex couples with state-level rights and responsibilities equivalent to marriage.
• Rights: Civil unions granted partners all the benefits and responsibilities of marriage under state law.

For the most current information, consult your state's official resources, as laws and recognition of domestic partnerships continue to evolve.

What about states that don’t recognize domestic partnerships?

Domestic partnership rights and benefits differ widely from jurisdiction to jurisdiction. If you are part of a domestic partnership, it’s critical to understand your jurisdiction’s laws as they apply to your relationship. 

If you’ve moved to a state that doesn’t follow the same laws or doesn’t recognize domestic partnerships, it might be wise to consult with a local family lawyer to see what kind of recourse or options you have.

Without formal recognition of your partnership, you and your partner would be considered unmarried individuals. And unmarried, cohabitating couples aren’t afforded the same legal rights as married spouses or registered domestic partners. Without these protections, unmarried couples can experience many financial and legal challenges, especially if they decide to break up. This can affect their finances, their ability to enforce child custody and support, and the fair division of their property.

In some cases, unmarried couples who choose to live together create contracts that set out each partner’s rights, similar to a prenuptial agreement. But these agreements aren’t always legally enforceable.

Examples of domestic partnerships by state

The lack of federal guidelines for domestic partnerships leaves specific laws up to each state. Here are a few examples.

Domestic partnerships in California

Under California state law, a domestic partnership involves two adults who share their lives in an intimate, committed relationship. While the law does not specifically state whether the couple must live together, it does say neither partner can be in a marriage or domestic partnership with another person. It also stipulates that both partners must be 18 or older. The couple cannot be related by blood, and both must consent to the partnership. 

Couples in California who want to enter a registered domestic partnership must do so through the Secretary of State. Although they could also register with their city government, they will not receive all the benefits provided by the state unless they register at the state level. 

Domestic partnerships in Colorado

Colorado uses the term “civil union” instead of domestic partnership. However, its laws regarding civil unions are nearly identical to California’s laws, extending the rights and privileges of married couples to domestic partners in a registered civil union. 

Under Colorado law, partners must be at least 18 years old and must live together. They cannot be in another union or marriage, and they must be registered as partners through the county clerk’s office in the county where they live. 

Domestic partnerships in Texas

In Texas, domestic partnerships are not recognized at the state level, but they are recognized in most major cities (including Austin, Dallas, Fort Worth, Houston, and San Antonio) along with the counties of El Paso, Bexar, and Travis.

Domestic partnerships in Utah

Utah currently does not recognize domestic partnerships, civil unions, or common law marriages in any form. 

Benefits of domestic partnership vs. marriage

In most states that recognize domestic partnerships, couples receive the same benefits as those who are married. This often includes health insurance and life insurance benefits, health care and financial decision rights, and parental rights. 

Healthcare benefits and insurance for domestic partners

Domestic partners may be eligible for employer-sponsored health insurance and other healthcare-related benefits, but these benefits vary based on the employer, state laws, and federal tax policies. 

Employer-sponsored health insurance

• Many private employers and some state and local governments offer health insurance coverage to domestic partners.
• Employers may require proof of the domestic partnership, such as a registration certificate, shared financial responsibilities, or joint residency.
• Some employers extend benefits to both same-sex and opposite-sex domestic partners, while others may limit coverage.

Affordable Care Act (ACA) & domestic partnerships

• Under the ACA, domestic partners are not automatically considered spouses.
• Individuals in a domestic partnership must apply separately for health insurance through the ACA marketplace and cannot qualify for spousal tax credits.
• Some states that recognize domestic partnerships allow partners to be covered under state insurance plans.

Medicare & Medicaid

• Medicare does not recognize domestic partners for spousal benefits (e.g., premium-free Part A based on a partner’s work history).
• Medicaid eligibility and benefits for domestic partners depend on the state. Some states consider a partner’s income when determining Medicaid eligibility, while others do not.

Tax implications

• Unlike health insurance benefits for legally married spouses, employer-provided health benefits for domestic partners are typically subject to federal taxes.
• The value of employer-sponsored health coverage for a domestic partner is considered imputed income, meaning it is taxable and must be reported on the employee’s W-2 form.
• Some states offer tax exemptions on domestic partner benefits at the state level, but these do not affect federal taxation.

COBRA

• Federal COBRA law, which allows continuation of employer-sponsored health insurance after job loss or other qualifying events, does not extend to domestic partners.
• Some states have mini-COBRA laws that allow domestic partners to continue coverage after a job loss, but availability depends on state regulations.

Unique benefits

Domestic partnerships also entail some unique benefits. For example, since federal law does not recognize domestic partnerships, these couples can avoid the marital tax consequences they would incur if their incomes were combined. This can be helpful in partnerships where each person earns just under a certain amount and in partnerships where one person owns a business.

Furthermore, domestic partners who wish to break up do not always undergo the same legal separation process as married couples. This means the partners may avoid issues like spousal support/alimony or the division of community property in the case of separation.

Conversely, marriage conveys important, consistent legal protections for married spouses throughout the country and the world, although state laws can vary. While requirements for marriage can be more stringent than a domestic partnership, marriage offers critical federal rights and benefits for spouses who aren’t covered by domestic partnerships, including the ability to file taxes jointly, benefit from a spouse’s Social Security or veteran’s benefits, and sponsor a spouse for purposes of immigration. 

Although ending a domestic partnership can be much less complicated than ending a marriage, the terms of a divorce settlement can be legally enforced if one partner doesn’t abide by it. 

Benefits side-by-side: domestic partnership vs. marriage

Financial implications of domestic partnerships

Here are the key potential financial implications to be aware of:

✔ Tax disadvantages: Domestic partners lack federal tax benefits and face imputed income taxation on employer-provided benefits.

✔ No automatic inheritance: Estate planning is essential, as domestic partners do not inherit assets by default.

✔ No Social Security benefits: Partners cannot claim spousal or survivor Social Security benefits.

✔ Retirement & property rights differ: Without legal planning, partners have fewer financial protections than married spouses.

Registering a domestic partnership

The requirements for registering a domestic partnership vary by state. In most cases, the couple must apply with their county or city clerk and pay a small registration fee to make the domestic partnership "official."

Generally, partners who want to register for a domestic partnership must adhere to the following requirements:

• They must be at least 18 years old.
• They cannot be married to (or the partner of) someone else. 
• They must live together and intend to do so permanently.
• They must not be closely related by blood, similar to the requirement for marriage in that state.
• They must be mentally competent to consent to a partnership.
• They must fulfill any residency requirements for registration.
• They must mutually agree to be responsible for each other’s expenses and common welfare.

The following are typically needed to have a domestic partner registered:

• An application or affidavit, completed as required
• An acceptable form of photo identification
• Proof that the two of you share a home 
• Proof that you reside in your stated county or city 

In addition to the required documents, neither partner can be married or in a registered domestic partnership with anyone else. In fact, some states require individuals to be legally separated or divorced from a former partner for at least six months before entering into a domestic partnership with a new partner.

Ending a domestic partnership

Once you register your domestic partnership, it is a legally binding contract. Therefore, you can’t just walk away if you and your partner decide to break up. You must dissolve the partnership per your state’s dissolution of domestic partnership policy.

The termination of a domestic partnership can be tricky to navigate in some states. Importantly, you don’t want to miss any steps along the way or make a mistake that could cost you time and money. 

Hello Divorce does not just help clients with the traditional divorce process. We also support couples who seek a dissolution of their domestic partnership. If this sounds like you, take time to peruse our free online resources, and schedule your free 15-minute intro call to start your dissolution on a sure footing.

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