{"id":351795,"date":"2025-03-13T13:51:42","date_gmt":"2025-03-13T18:51:42","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/domestic-partnerships\/domestic-partnership-vs-marriage-what-are-the-legal-difference.html"},"modified":"2025-03-13T13:58:11","modified_gmt":"2025-03-13T18:58:11","slug":"domestic-partnership-vs-marriage-what-are-the-legal-difference","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/domestic-partnerships\/domestic-partnership-vs-marriage-what-are-the-legal-difference.html","title":{"rendered":"Domestic Partnership vs. Marriage: What Are the Legal Differences?"},"content":{"rendered":"\n
\n \n
\n

Domestic Partnership vs. Marriage: What Are the Legal Differences?<\/h1>\n
\n
\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

\n

Domestic partnerships and marriages differ significantly in legal terms, impacting couples’ rights and responsibilities. Marriage is a legally binding contract recognized by all states, providing spouses numerous benefits like joint tax filing, inheritance rights, and decision-making in healthcare. Domestic partnerships, which are not recognized in all states, offer limited legal protections and may lack benefits such as certain tax advantages and automatic inheritance rights. <\/p>\n\n <\/div>\n\n

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.<\/p>\r\n

Of course, your choices will impact your life and relationship. Married couples have certain legal protections<\/a> that unmarried couples can\u2019t take advantage of. For example, if you\u2019re married, you and your spouse can make medical decisions on each other\u2019s behalf. This may not be the case in a domestic partnership.<\/p>\r\n

Here, we\u2019ll explain the legal differences between a domestic partnership<\/a> and a marriage and briefly discuss other options for people in a committed relationship, such as a civil union and common law marriage.<\/p>\r\n

Marriage is a Legal Contract<\/h2>\r\n

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<\/a>, you\u2019re alerting the state that you intend to get married.<\/p>\r\n

When you get married, you essentially sign a contract outlining your legal rights and responsibilities as a spouse. Few people consider marriage a contract<\/a>, but that\u2019s what it is. A marriage is a legal document both parties sign and submit to the state.<\/p>\r\n

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

Requirements for a Domestic Partnership<\/h2>\r\n

Not all states recognize domestic partnerships<\/a>. In the states that do, you must meet specific requirements to qualify for the benefits domestic partners enjoy.<\/p>\r\n

While the specific requirements in each jurisdiction vary, the basic requirements for a domestic partnership generally are:<\/p>\r\n