Your Domestic Partnership and Divorce
With marriage rates slowing these past years, it’s not uncommon that today, many people find themselves in domestic partnerships. One such arrangement, the domestic partnership, offers benefits similar to marriage. However, dissolving such a partnership, much like a divorce, comes with its own legal considerations. Unfortunately, these partnerships often lack comprehensive protections for assets, which can lead to complications with family planning and child care.
This blog will explore the concept of a domestic partnership, its legal framework, and how separation affects these unions.
What is a Domestic Partnership?
A domestic partnership is a union between two people that is legally recognized. The reasons why a couple might pursue this arrangement is because theirs is a same-sex relationship and they live in a state where their marriage is not legally permitted. Another reason for this arrangement is that one partner does not match in religious affiliation with the other partner.
It was in 1999 when a domestic partnership became a viable and legal option for same-sex couples. An alternative to this arrangement is a civil union, which is close to the same thing. Although a civil union and a domestic partnership each serve as alternatives to a marriage, a civil union has a broader range of legal rights that mimic a marriage more closely.
In some states, a domestic partnership is not at all recognized, so if you are considering this type of union, here are the states that do allow it. States like California, Maine, Nevada, Washington, Wisconsin, Oregon, and D.C. recognize domestic partnerships, while New Jersey, Hawaii, Colorado, Illinois, and Vermont recognize civil unions.
In contrast, places like Texas, Florida, and Alabama do not allow or recognize domestic partnerships. In addition to states that do not allow it, the federal government also does not recognize domestic partnerships, which creates limitations. The lack of federal recognition means another state may not acknowledge your domestic partnership, even if it is valid in your current state. Furthermore, states like Connecticut and Delaware previously treated this arrangement and marriages as separate entities but have now merged their laws, eliminating the earlier distinction.
Couples can register their partnership, making it public record. The registration fee typically aligns with the cost of a marriage license, offering certain rights similar to those of married couples.
Key Benefits
When you file for a domestic partnership, you have the benefit of sharing health insurance, and it also provides you with the same rights when it comes to making decisions at the time of your partner’s illness or death. In addition, you can also be listed as a beneficiary of your partner. This includes life insurance, inheritance rights, retirement accounts, and more.
But as for tax incentives, that’s one of the downsides.
See below.
Challenges to Consider
States have different perspectives when it comes to this arrangement. Domestic partnerships are also only recognized on the state level, so you do not get the federal benefits (like tax incentives) that come with a traditional union.
Consider reading “What is a Pre Nup? And How It Might Help You Down the Road.”
There are a few more downsides:
Because there is a lack of federal recognition …
- You are unable to file taxes jointly.
- You cannot receive social security benefits from your partner.
- There are no automatic parental rights (legal parentage is not as clear and can lead to adoption and custody challenges.)
Divorce and Domestic Partnerships
Additionally, the dissolution of a civil union or domestic partnership is very similar to a divorce for those married. There is a legal process where the division of assets and property is determined and where maintenance or alimony may be awarded. The court will also determine child custody matters if the couple on their own cannot agree to terms.
If you are thinking about divorce or the dissolution of a civil union or domestic partnership, you may benefit from reading our many articles for those contemplating divorce.
Eligibility Requirements
A domestic partnership offers an alternative to marriage for those who do not prefer a traditional route or who cannot marry. However, it is important to research and understand the specifics of your state when it comes to the rights and eligibility of a domestic partnership.
There are requirements to qualify for a domestic partnership:
- Be the required age for the state where you live.
- Be unmarried, including not in any other domestic relationship with anyone else.
- Must be living together in the same state.
- Must be living in a state where domestic partnership is legal.
- Share a romantic relationship.
- Not be related to each other.
Discover “What is the Average Marriage Length in the USA?”
Whether you choose a marriage or a domestic partnership is based on your state’s requirements and personal preference. Speak with an attorney to understand your state’s laws and your wants out of a marriage to determine whether a domestic partnership will meet your goals.
And certainly before filing for a divorce, or taking action to dissolve your domestic partnership or civil union, investigate your rights within the state you live by looking into it online and talking over specifics with a lawyer.
Conclusion
Today anyone can opt for a domestic partnership. But traditionally, same-sex couples and individuals who could not marry into a certain religion were granted domestic partnerships as the only option to form a legal union.
It is important to understand the protections your state affords for a domestic partnership. If you are considering one, have an open conversation with your significant other and consult with a divorce attorney to understand the benefits and cons of both a marriage and domestic partnership before deciding the option that is the best for you.
NOTES
Natasha just graduated from law school and has completed her Bar exam. With a longstanding interest in health law, she aspires to work for hospitals and nonprofits in continuing to advocate for women’s rights. Her goal is to address the historical issues that continue to prevail in our society by addressing the social determinants of health.
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*We support same-sex marriages. For the sake of simplicity in this article, however, we refer to your spouse as your “husband” or a “he.”
