What Is a Domestic Partnership?

Two people in a committed relationship often want to formalize their bond and gain certain legal rights. One way they can do this is by entering a domestic partnership. A domestic partnership is a legally recognized relationship that can offer many similar benefits as a marriage.

Most domestic partners were in same-sex relationships before the Supreme Court’s 2015 Obergefell v. Hodges decision, especially if they lived in a state that banned same-sex marriage. But it is still an option in a few states for partners (same-sex couples or opposite-sex couples) who live together and share a common domestic life. However, some states and cities that offer the arrangement require that one of the individuals is at least 62 years old.

The following is a general overview of domestic partnerships, focusing on registration and benefits.

How To Register as Domestic Partners

To enter a registered domestic partnership, a couple must meet certain requirements. These requirements can vary by state law. Typically, both parties must be adults (usually 18 years of age or older) and not related by blood in a way that would prevent a marriage. They must live together (have a common residence) and be in a committed relationship.

In many places, the couple must file a Declaration of Domestic Partnership with the Secretary of State or City Clerk. This is an official document that publicly declares their commitment to each other. In some states, like Oregon, Colorado, and Wisconsin, domestic partnerships are registered at the county level. Other states, like New Jersey, Hawaii, and Nevada, have their own specific domestic partnership laws.

In the District of Columbia, residents seeking to register as domestic partners must appear in person at the D.C. Department of Health. They must submit a single application and pay a fee. Also, they must provide documentation proving that they satisfy the registration requirements.

Need local legal help with a domestic partnership? Find an attorney near you.

Domestic Partner Benefits

A domestic partnership is a legal or personal relationship between two people who live together and share a common domestic life but are not married. People in domestic partnerships receive similar benefits to married couples. However, they don’t get all the benefits of marriage.

Domestic partners are entitled to some of the legal benefits of marriage – but not all. The benefits of these types of unions vary by state and jurisdiction.

Some of the common benefits of domestic partnership include:

• Ability to get coverage on a family health insurance policy for healthcare
• Right to family leave for a sick partner
• Right to bereavement leave
• Visitation rights in hospitals and jails

Domestic partner benefits vary, as you can see from the following examples:

• California: Domestic partners receive the same benefits and protections as married couples, although federal law does not recognize these unions. This means domestic partners may not collect Social Security benefits from deceased partners, for example.
• Maryland: Unmarried couples may enter a designated beneficiary agreement, allowing limited rights. This can include the right to visit each other in the hospital, share a room in a nursing home, and make funeral decisions.
• Ann Arbor, Michigan: This is limited to Ann Arbor City employees, who may extend employment benefits to their partners.

A domestic partnership can also end, like a divorce. This is called a termination of a domestic partnership. The process can involve the division of community property. Termination may require legal assistance, depending on the complexity of the situation.

Questions About a Domestic Partnership? An Attorney Can Help

If you’re planning to enter into or terminate a domestic partnership, it’s best to know your state’s laws. You should also be aware of the federal laws protecting same-sex unions. It is helpful to understand the legal aspects of domestic partnerships. Speaking to an attorney can help you tremendously.

To learn more, consider speaking with a family law attorney near you.

What To Consider When Hiring an Attorney for Domestic Partnership Issues

Many couples considering a domestic partnership hesitate to contact an attorney because they assume the process is simple or that domestic partnerships offer the same protections as marriage. Others worry about cost, conflict, or whether legal help is even necessary. Knowing the reality behind these concerns can help you make a more informed decision before registering—or ending—a domestic partnership.

• Concerns about cost are real, but legal help may be more affordable than you think. Domestic partnership registration or termination can involve fees, paperwork, and sometimes property division, but legal help often prevents more expensive disputes later.
• You may have more legal rights than you think. Domestic partnerships vary widely by state. Some offer broad protections, and others provide only limited benefits. A family attorney can explain exactly what rights you gain and what you don’t in your state.
• Some fear hiring a lawyer can complicate the relationship, or that involving a lawyer will make things feel too formal. In reality, a lawyer often reduces stress and prevents misunderstandings.

When an Attorney Is Recommended

Domestic partnerships can offer meaningful protections. But they also come with legal obligations. Consider hiring an attorney when:

• You’re registering and want to understand your rights. Benefits differ dramatically by state. An attorney in your area can explain health care rights, property rules, and limitations.
• You share property or financial accounts. Joint assets may require agreements similar to those used by married couples.
• You’re ending a domestic partnership. Termination may involve dividing community property, determining support obligations, or updating beneficiary designations.
• You need protections not automatically provided. Domestic partners often need wills, powers of attorney, or healthcare directives to ensure full protection.
• You’re unsure whether domestic partnership or marriage is better. An experienced lawyer can help you compare legal pros and cons, especially regarding taxes, federal benefits, and Social Security.