Domestic Partnership Laws: State by State Guide

Domestic Partnership vs. Marriage

Domestic partnership is not the same as marriage. The biggest difference is that marriages are recognized in all 50 U.S. states, as well as in foreign countries. Domestic partnerships and civil unions are only recognized in a few states. Domestic partnerships became popular as an alternative to marriage, before same-sex marriage became legal in the United States. Some people still choose to enter into new domestic partnerships for financial reasons, convenience, or because they want access to certain legal rights without becoming officially married.

The legal rights associated with domestic partnerships or civil unions vary depending on the state, city, or other government body that authorized the partnership. In many states, the legal rights associated with domestic partnerships mirror those associated with marriage. These rights include inheritance, medical decision making, and tax treatment.

Domestic Partnership vs. Civil Union

Domestic partnerships and civil unions are basically the same. A domestic partnership from California may not carry the exact same rights as a civil union from Illinois. But the differences are due to differences in state law, rather than the name. The names “domestic partnership” and “civil union” do not reflect meaningful differences.

In general, states on the West Coast use the term “domestic partnership,” and states in the East use “civil union.”A common law marriage is a marriage formed by a couple that did not get a marriage license or take part in a ceremony. Besides this difference, a common law marriage is the same as a traditional marriage. While common law marriage is not available in most states, it is available in a minority of states.

The following states allow new domestic partnerships (or equivalents) to be formed:

- California

- Colorado

- Hawaii

- Illinois

- Maine

- Nevada

- New Jersey

- Oregon

- Washington

- Washington D.C.

Other states, such as New York, define domestic partnerships or civil unions in their state laws, but do not allow couples to register as domestic partners at the state level.

Who can get a domestic partnership in each state?

Even though domestic partnerships became a popular alternative to marriage for gay couples in the 1990s and early 2000s, domestic partnerships are not only for gay couples. Many states offer domestic partnerships for heterosexual couples, especially for couples with one partner who is over the age of 62.

One reason states allow domestic partnerships is to benefit seniors who receive social security benefits. In some cases, divorced or widowed seniors may lose their benefits it they remarry. Domestic partnerships allow seniors to enjoy some benefits of remarriage without losing social security benefits.

See this link from the Social Security Administration for more information on this topic:

State Domestic Partnerships

The process to register a domestic partnership varies by state. However, a typical process includes the following steps:

- Both partners completing an application, which is likely available online from the state’s government website.

- Both partners signing the form, which may need to be notarized.

- Filing the application with the state government.

- Paying a fee. A typical fee is around $30.

City and County Level Domestic Partnerships

Some city and county governments also allow couples to register as domestic partners. The scope of these partnerships is smaller than state-wide partnerships. They will normally only be recognized within the city or county they were issued. Benefits might include coverage under a partner’s employer-provided insurance, or medical decision-making rights in local healthcare facilities.

Each city or county will offer its own process for registration. A typical process will involve filling out a short form and paying a fee to the city or county clerk.

Domestic Partnership and Medical Insurance

A major benefit to domestic partnership is the ability to gain coverage under a partner’s employer sponsored health insurance. In most states that recognize domestic partnership, employers must offer the same coverage to domestic partners as they do spouses.

This is a huge advantage to couples where only one partner has access to employer sponsored insurance. Private insurance for one individual is often very costly.

Domestic Partnership Tax Implications

Domestic partnerships can have major effects on state and federal taxes. The IRS, which collects taxes at the federal level, only recognizes taxpayers as “married” or “single.” Domestic partnerships are not recognized as marriages by the IRS.

However, for couples in a domestic partnership in a “community property” state, the IRS requires a special procedure for filing income taxes. The couple must add up all community income and divide by two, with each partner claiming one half of the income on their individual tax returns.

Domestic Partnerships for Seniors

Domestic partnerships are often advantageous to seniors who would lose certain government benefits by remarrying. If you are a senior who believes that marriage would cause you to lose social security or other benefits, consider a domestic partnership instead of a marriage with your new partner.

Domestic Partnership and Green Card/Visa Applications