How to End a Domestic Partnership

The process for ending a domestic partnership is specific to each state. Check with your Secretary of State’s office to learn its requirements.

You can also consult with a family law attorney. An attorney can help you understand your state’s regulations and manage any financial or custodial arrangements.

This article provides a brief general overview for those considering ending their domestic partnership.

Ending a Domestic Partnership: Expedited Processes

As with married couples, domestic partners may develop irreconcilable differences. An annulment may be an option in some situations and some states. Many jurisdictions allow a simple process to undergo the termination of a domestic partnership.

In New York City, for example, a couple may terminate a domestic partnership by filing a form and paying a small fee. But this procedure doesn’t resolve any child custody or child support issues. Property division is also not resolved. The same is true in other places such as Orlando, Florida, and Boulder, Colorado, for instance.

In California, partners may end a domestic partnership through an expedited procedure. This requires that the break up is mutual and that the couple has been registered for five years or less. There must not be children involved. There are also extra considerations.

Some states may impose restrictions on couples who terminate a domestic partnership. For example, the state of Georgia restricts a person who terminates a domestic partnership from entering into another domestic partnership within six months.

Issues With Ending a Domestic Partnership

Domestic partners can visit the office of the city clerk in their area to dissolve a domestic partnership. Couples might be able to file a form and pay a filing fee. This filing fee is nominal in most jurisdictions.

Winding down a registered domestic partnership will be more complex if you and your partner have children. It also may be more complex if you have accumulated substantial assets or debts together.

In California, breakups must start with a petition filed with a California Superior Court. The process is similar to the divorce process. California authorizes one partner to be ordered to provide financial support to the other.

Other legal proceedings may still be necessary to resolve child custody, property, or other issues. Marriage and domestic partnerships have important differences when it comes to these issues. While registered domestic partners share a committed relationship, the legal aspects differ.

Without the benefits of marriage, domestic partners may face challenges. It is crucial to understand these distinctions before making decisions. Consider this before deciding about health insurance, social security, or property division.

Will Dissolving a Domestic Partnership Drop My Partner From My Health Insurance?

It depends on the insurance provider’s policies and the laws in your state.

If you have employer-sponsored health insurance, the employer may have specific policies for domestic partner coverage. Your former partner may be eligible for continuation coverage through the Consolidated Omnibus Budget Reconciliation Act (COBRA). COBRA coverage allows them to temporarily maintain health insurance at their own expense. 

Check with your human resources department for guidance on how ending your domestic partnership will affect coverage.

Additional Considerations for Couples Considering Terminating a Domestic Partnership

Several jurisdictions phased out their domestic partnership laws in the wake of the Supreme Court’s 2015 decision. This decision held that same-sex couples have a constitutional right to marry. Lawmakers in these places concluded that domestic partnerships were no longer needed. However, the repeal also impacted opposite-sex couples in domestic partnerships.

Several states passed laws afterward that automatically converted most domestic partnerships into marriages. Despite these changes, many jurisdictions still retain domestic partnerships as a legal status. In some places, a couple can be in a domestic partnership and a marriage to each other simultaneously.

Ending Your Domestic Partnership? Get Legal Advice

Termination of domestic partnerships can be complicated, especially if they involve children, real estate, financial assets, or debt. You may wish to speak with an attorney to ensure the best possible outcome. Lawyers can give you valuable advice about the legal process of dissolution of a domestic partnership.

Lawyers can help deliver a notice of termination of a domestic partnership. They can help get a court order for spousal support (alimony). They can also help with legal separation and advise you on your protections. Attorneys can also assist with property division and represent you in court hearings.

Talk to an experienced family law attorney in your area today.