Domestic Partnership vs. Marriage: What Are the Legal Differences?

When two people are in a long-term relationship, they must choose how they hold themselves out to the world. Many couples decide to get married, while others want to retain their single status. It all depends on the situation.

Of course, your choices will impact your life and relationship. Married couples have certain legal protections that unmarried couples can’t take advantage of. For example, if you’re married, you and your spouse can make medical decisions on each other’s behalf. This may not be the case in a domestic partnership.

Here, we’ll explain the legal differences between a domestic partnership and a marriage and briefly discuss other options for people in a committed relationship, such as a civil union and common law marriage.

Marriage is a Legal Contract

One key difference between marriage and domestic partnership is that marriage is a legal, binding contract. When you and your partner apply for a marriage license, you’re alerting the state that you intend to get married.

When you get married, you essentially sign a contract outlining your legal rights and responsibilities as a spouse. Few people consider marriage a contract, but that’s what it is. A marriage is a legal document both parties sign and submit to the state.

There is no contract in a domestic partnership. You and your partner may choose to have a written cohabitation agreement, but this does not carry the same weight as a legal contract.

Requirements for a Domestic Partnership

Not all states recognize domestic partnerships. In the states that do, you must meet specific requirements to qualify for the benefits domestic partners enjoy.

While the specific requirements in each jurisdiction vary, the basic requirements for a domestic partnership generally are:

• Both parties must be at least 18 years old
• The parties cannot be blood relatives
• Neither party can be married to another person
• The parties must be in a committed relationship
• The couple must live together
• Both partners must be mentally competent

Domestic partnerships initially existed for same-sex couples who could not legally marry. Until recently, many states did not recognize same-sex marriages. It wasn’t until Obergefell v. Hodges (2015) that the United States Supreme Court legalized same-sex marriage. Before that, the only option available to many same-sex couples was a domestic partnership.

One of the drawbacks of this was that gay and lesbian couples could not enjoy the legal benefits of marriage. These drawbacks exist for unmarried heterosexual couples as well.

For example, domestic partners do not enjoy the same inheritance rights as married couples. They may also encounter roadblocks regarding child custody and visitation rights that married couples don’t have to worry about.

Legal Protections of Married Couples and Domestic Partners

Most people are aware of the legal protections the law affords married couples. For example, married couples can file a joint tax return. They are also entitled to child custody and visitation rights should they get divorced.

One other benefit of marriage is the inheritance rights married people enjoy. If your spouse dies intestate (without a will), you’ll benefit from your state’s intestacy laws.

For example, California is a community property state. When one person passes away, their spouse receives at least half of their community property.

Married couples also enjoy these other legal protections:

• Social Security benefits if your spouse dies
• Right to make healthcare decisions for each other
• Financial and medical decision-making power
• Access to your spouse’s health insurance plan
• Hospital visitation rights
• Federal tax benefits
• Legal recognition by the state and federal governments
• Eligibility for alimony/spousal support in the event of divorce
• The right to child support
• Can file taxes jointly
• Eligible for family leave

While domestic partners have some of these benefits, for the most part, the above benefits are unique to married couples.

When you’re in a domestic partnership, you may enjoy the following protections (subject to state law):

• Healthcare coverage (if your employer offers coverage)
• Eligible to file a joint tax return and claim certain tax deductions
• Limited inheritance rights

Since every jurisdiction has unique laws regarding domestic partnerships, you should speak with a local family law attorney before you make any final decisions. There are medical, legal, and financial implications of choosing a domestic partnership. Familiarize yourself with local laws before deciding whether to marry.

States That Recognize Domestic Partnerships

Even if you believe a domestic partnership is for you, that doesn’t mean it’s an option where you live. Not all states recognize domestic partnerships. In fact, only six states legally acknowledge this form of coupledom.

The states that recognize a domestic partnership include:

• Connecticut
• Hawaii
• Nevada
• Oregon
• Vermont
• Washington

The following states do not recognize this form of committed relationship:

• Alabama
• Alaska
• Arkansas
• Delaware
• Idaho
• Kansas
• Kentucky
• Mississippi
• Montana
• Nebraska
• New Hampshire
• North Dakota
• Oklahoma
• Ohio
• Rhode Island
• South Carolina
• Tennessee
• Utah
• West Virginia
• Wyoming

It’s best to check with a local family law attorney to confirm if your jurisdiction allows for domestic partnerships.

Other Options for People in a Committed Relationship

While marriage and domestic partnerships are common arrangements, other options are available for committed couples. You may not want to get married, but you live in a state where the law doesn’t recognize domestic partnerships. If this is the case, you’ll need to consider other possibilities, such as a civil union or common law marriage.

Common Law Marriage

Many assume that, as long as they live with their significant other for a certain period, they’ll automatically have a common-law marriage. This isn’t the case. The length of your relationship does not guarantee common-law marriage status. Furthermore, most states don’t legally recognize common-law marriage anymore.

To qualify for common-law marriage, you generally must meet the following requirements:

• Both parties must be at least 18 years old
• The parties must agree to be married
• You and your significant other must live together in the same house
• You must hold yourselves out to the public as a married couple
• You must intend to become married at some point

However, even if you meet the above requirements, there’s a good chance your state does not recognize common-law marriage.

The only states that still recognize common-law marriage are:

• Washington, D.C.
• Colorado
• Iowa
• Kansas
• Montana
• Oklahoma
• Rhode Island
• Texas

Note: New Hampshire and Utah recognize common-law marriage in limited circumstances.

Civil Unions

Another option for couples looking to stay together long-term is a civil union. Civil unions first became popular with same-sex couples who could not legally marry. A civil union bestows many of the same benefits you enjoy in a traditional marriage.

The primary benefits of a civil union are that you can make healthcare decisions for your partner and, in many cases, be covered under your partner’s health insurance.

Only four states recognize civil unions today - Colorado, Hawaii, Illinois, and New Jersey.

Contact a Family Law Attorney for More Information

If you want to learn more about the differences between marriage and domestic partnership, contact a local family law attorney. An attorney can also help you with a prenuptial agreement if you decide marriage is your best option.