{"id":375252,"date":"2018-04-02T23:54:06","date_gmt":"2018-04-03T04:54:06","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-york-law\/new-york-domestic-partnership-laws.html"},"modified":"2018-04-02T23:54:06","modified_gmt":"2018-04-03T04:54:06","slug":"new-york-domestic-partnership-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-york-law\/new-york-domestic-partnership-laws.html","title":{"rendered":"New York Domestic Partnership Laws"},"content":{"rendered":"\n
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New York Domestic Partnership Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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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

Domestic partnerships are legal unions of two individuals that grant some of the same rights available to married couples, such as time off to care for a partner, but appealing to unique situations. For instance, same-sex couples in states that restricted marriage to opposite-sex couples (prior to Obergefell v. Hodges<\/a><\/i>) often registered as domestic partners<\/a> in order to enjoy certain benefits of marriage. But in states that continue to offer the option of domestic partnership, it may be appealing to people for any number of reasons, like non-romantic partners who rely on one another’s companionship and financial assets.<\/p>\n

Qualifications for domestic partnerships vary by state<\/a> and not all states offer this arrangement, although some cities and counties may offer this option even if it’s not provided by their state. In New York, those seeking a domestic partnership must meet qualifications that are very similar to those for marriage.<\/p>\n

New York Domestic Partnership Laws at a Glance<\/h2>\n

Entering into a domestic partnership is a major life event and you should fully understand what you’re getting into before signing on the dotted line. That is why we have provided a plain English summary of eligibility requirements, registration steps, and other vital information in the following chart.<\/p>\n\n

Statutes<\/b><\/p>\n<\/td>\n

Statutory Definition of Domestic Partner<\/b><\/p>\n<\/td>\n

In New York State, a "domestic partner" is a person who, with respect to another person:<\/p>\n

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  1. Has entered into a domestic partnership<\/b> (in accordance with U.S., state, local, or foreign law) or is registered as a domestic partner<\/b> with any registry maintained by one of the partner’s employers; or<\/li>\n
  2. Is formally named as the beneficiary or covered person<\/b> under the other person’s employment benefits or health insurance; or<\/li>\n
  3. Is dependent or mutually interdependent<\/b> on the other person for support (such as common ownership of housing or property, shared income, children in common, etc.).<\/li>\n<\/ol>\n<\/td>\n<\/tr>

Requirements for Entering Into a Domestic Partnership<\/b><\/p>\n<\/td>\n

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  1. Both partners must be residents<\/b> of county or city in which you’re applying;*<\/li>\n
  2. Both partners must be 18<\/b> or older;<\/li>\n
  3. Neither partner is married or related<\/b> by blood;<\/li>\n
  4. Applicants are in a close and committed<\/b> personal relationship, live together<\/b>, and have been living together continuously for 6 months<\/b>; and<\/li>\n
  5. Neither partner was in another domestic partnership within the preceding 6 months<\/b>.<\/li>\n<\/ol>\n

    *For applicants in New York City, Rockland County, and Suffolk County, one partner may be an employee of a company based in that jurisdiction (rather than a resident); non-residents may apply in Albany, Ithica, and Rochester.<\/i><\/p>\n<\/td>\n<\/tr>

Domestic Partnership Application Procedures<\/b><\/p>\n<\/td>\n

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  1. Complete an Affidavit –<\/i><\/b> This is a form declaring that you meet the legal requirements to enter into a domestic partnership. Each county or city clerk’s office has its own format and procedure (for example, applicants in Westchester County<\/a> may download a copy of the affidavit, while New York City<\/a> applicants may file their affidavits online).<\/li>\n
  2. Appear at Clerk’s Office in Person –<\/i><\/b> Similar to marriage license applications, both partners must be physically present at the clerk’s office to apply (with a valid form of ID and either a credit card or money order with the appropriate fee, $35 on average).<\/li>\n
  3. Sign the Application –<\/i><\/b> After both partners sign the application, the clerk’s office will notarized it; the clerk will then present you with a Certificate of Domestic Partnership.<\/li>\n<\/ol>\n<\/td>\n<\/tr>

Rights of Domestic Partners<\/b><\/p>\n<\/td>\n

The rights of domestic partners include the following:<\/p>\n