Domestic Partner Employment Benefits

In the context of family law, domestic partners share an intimate and committed relationship without being married. They often live together and might maintain a domestic life similar to marriage.

Before the U.S. Supreme Court's 2015 ruling in Obergefell v. Hodges, same sex couples often opted for domestic partnership or civil union. Although marriage wasn't an option in some states, a domestic partnership granted access to many same privileges, such as:

• Inclusion in health insurance plans
• Hospital visitation rights
• Family medical leave

Since the Supreme Court established marriage equality, fewer people choose a domestic partnership. But there are still plenty who wish to commit to a partner without getting married. And those who choose a domestic partnership still qualify for many benefits.

The term "domestic partner benefits" refers to employee benefit plans offered to non-married couples. They are intended to be similar to those provided to married couples. It most often refers to health insurance coverage, but can also include things like tuition reimbursement.

Domestic partner coverage is not available in every employment situation. But more and more employers in both the public and private sectors are offering it.

This article explains domestic partner benefits and related legal issues, including health insurance coverage and tax issues. Your employer's benefits coordinator can often help with questions about extending your benefits to a domestic partner. But if you need additional help, consider reaching out to a local employment attorney. They can explain your rights under state and federal law and walk you through your options.

Who Is Considered a Domestic Partner?

The specifics vary by state and company policy. But the following characteristics usually apply:

• The partners are committed to each other and intend to remain in a committed relationship.
• Neither is married to or in a domestic partnership with anyone else.
• Both parties are at least 18 years old and mentally capable of consenting to the partnership.
• The parties are not related to each other by blood to a degree that would prevent them from legally marrying in their state.

State and local rules might have additional requirements related to cohabitation and financial interdependence. These rules generally apply to both opposite-sex and same-sex domestic partnerships.

In many states, the couple must file a Domestic Partnership affidavit with the City Clerk or the Secretary of State to be legally recognized as domestic partners. Some states require domestic partners to register in their local county, such as:

• Colorado
• Oregon
• Wisconsin

Check with your local or state laws to learn more about qualifying as a domestic partner.

What Are the Benefits of Domestic Partnerships?

The benefits that domestic partners can receive may vary by state, but they are typically similar to those granted by marriage. Some common benefits include:

• Health insurance
• Dental insurance
• Sick leave
• Bereavement leave
• Family leave
• The power to make medical decisions for a partner
• Parental rights
• Inheritance rights

There are also states where domestic partners can inherit specific responsibilities. For instance, in California, domestic partners can be held financially accountable for each other. They have the same financial ties as in marriage.

Some states provide more extensive rights to domestic partners. They may also have laws governing property distribution for the dissolution of domestic partnerships, almost similar to divorce.

Health Coverage for Domestic Partners

The Affordable Care Act (ACA) requires some employers to provide essential health benefits to qualifying full-time employees. Employer health insurance plans are governed by the Employee Retirement Income Security Act of 1974 (ERISA).

Employees working full-time (at least 30 hours) for a qualifying employer are eligible for health coverage through their employer. These health benefits also extend to employees' children until they are 26 years old. But, the ACA and ERISA do not require employers to give similar coverage to:

• The employee's spouse
• Stepchildren
• A domestic partner
• A domestic partner's child

This rule applies regardless of the domestic partner's dependency status under the employer's plan.

Federal law allows employers to decide whether to extend coverage to domestic partners. But, some state laws require fully insured health plans to provide domestic partners the same health coverage as a spouse.

Domestic Partnerships vs. Spousal Benefits in Employer Health Plans

With the recognition of same-sex marriage in 2015, spouses may now include any partners of the same-sex and opposite-sex. However, federal laws still do not equate domestic partners with spouses.

This means that health care plans that list “spouse" as an eligible dependent often do not cover domestic partners. The insurance benefit plan will need to specifically include domestic partners for them to be covered.

Employers providing health benefits coverage to domestic partners, either voluntarily, through a collective bargaining agreement, or under state law, should document this eligibility criteria and communicate it clearly to their employees.

FMLA Leave

Most employers align their time off benefits with the Family Medical Leave Act (FMLA). This law allows eligible employees working for most employers to take up to 12 weeks of unpaid, job-protected leave per year. This time off can be used for:

• Birth or adoption of a child
• Getting treatment for a serious health condition
• Caring for a parent, child, or spouse with a serious health condition

The FMLA does not extend to domestic partners. But, some states require employers to allow domestic partners this type of leave.

For example, California's unpaid family leave requirements extend to domestic partners (and their children), grandparents, grandchildren, stepparents, and in-laws. The state also requires paid family leave to care for children, spouses, or registered domestic partners.

Domestic Partner Imputed Income

"Imputed income" refers to the value of non cash benefits you might receive at work that are not part of your wages. For example:

• Use of a company car
• Free gym memberships
• Reimbursement for moving expenses
• Educational assistance above $5,250
• Assistance for dependent care over $5,000
• Group term life insurance coverage of more than $50,000
• Some employer-provided gifts, such as cash and gift cards

These "fringe benefits" can be a nice perk, but you may have to pay taxes on them, if the Internal Revenue Service (IRS) views them as income.

For instance, if you use a company car as your personal vehicle, you'll likely have to pay taxes based on the amount it would cost to lease a similar vehicle. If your employer gives you a $100 gift card for completing a big project, that $100 must be reported as imputed income.

Other benefits are tax-exempt. For example, employee discounts and health savings accounts.

What Does this Mean for Domestic Partners?

Health care premiums for spouses are not subject to taxes as imputed income. However, federal income tax laws do not treat domestic partners the same as married couples.

For example, let's say your domestic partner recently lost their job. To ensure they still have health insurance, you add them to your plan. Because you're not married, any additional cost the employer pays for your partner's coverage is considered imputed income. As far as the IRS is concerned, you just got a raise. And you'll have to pay additional taxes on that amount.

The exception is partners who are legal dependents. To be a legal dependent, your partner must live in the same household and rely on you for more than half of their financial support.

Proving a Domestic Partnership

Domestic partners often have to work harder to receive benefits than married couples do. Married couples often only need their marriage license to prove they're eligible for benefits. But employers might ask for documents detailing financial, medical, and property commitments before providing benefits to a domestic partner.

The following are generally acceptable proof of the relationship:

• Partnership affidavit (as defined by the employer/insurer)
• Municipal domestic partnership registration
• State domestic partnership registration
• State civil union license
• Marriage licenses issued in other countries

Employers should clearly outline the acceptable documentation for administering benefits enrollment and specify it in employee handbooks, claim forms, and other relevant communications.

Domestic Partner Registries

The federal government does not provide certification for domestic partnerships. Employers are likewise not required to certify the partnership to manage employee benefit plans or personnel policies.

At the state and local levels, agencies that recognize domestic partnerships often accept affidavits as proof. This allows individuals to access local or state benefits. Employers may also use evidence of domestic partner registration from any jurisdiction.

However, in places that do not have domestic partner registries, employers should provide their own criteria. These criteria will ensure consistency in recognizing family relationships. This includes those of domestic partners and their children.

The Model Certification of Family Relationships also provides guidelines on acknowledging family member relationships. This includes domestic partnerships. This framework is used, particularly in the administration of benefits and personnel policies. The IRS also allows employers to rely on the attestation provided by their employees for their dependents. Unless they see a reason to doubt those claims.

Employers may, however, ask for additional documents as needed. To prevent fraud, they should also talk to the employee about the potential consequences. This includes including ineligible dependents in the benefits program.

Legal Help with a Domestic Partner Benefits Issue

Understanding domestic partnership benefit plans can be challenging. However, as these plans become more popular, the rules and rights under them will continue to change and evolve.

An experienced employee's rights attorney can help you navigate these complexities. They'll provide legal advice tailored to your situation and help you protect your and your partner's rights.

If you're currently considering a registered domestic partnership, a local family law attorney can walk you through the benefits and drawbacks of doing so.