Similarities and Differences Between Marriage & Domestic Partnerships

Exploring two different ways to share a life with your partner

If you have someone special in your life, you may be wondering what the best way is to make your commitment to one another more official: marriage or a domestic partnership? Since domestic partnerships aren’t as common as marriages, not a lot of people know about them or what they entail. Fortunately, we’ve got you covered. Keep reading to learn all about domestic partnerships and how they compare to marriage. We’ll be sure to go into detail about the various financial and legal benefits of each, so this article will be especially helpful if you’re deciding between marriage and a domestic partnership.

Things You Should Know

  • Domestic partnerships are a legal alternative to marriage and are recognized in select states including California, Maine, Nevada, Oregon, and Wisconsin.
  • Unlike marriages, domestic partnerships are not recognized by the federal government, so partners cannot jointly file taxes or inherit each other’s Social Security benefits.
  • Similar to married spouses, domestic partners can get insurance benefits from their partner’s employer and may be entitled to family and medical leave.
Section 1 of 4:

What is a domestic partnership?

  1. Domestic partners are often two people who are in a committed relationship. They may live together and be romantically involved, but they’re not married. Domestic partnerships were originally created to extend the rights of married couples to same-sex couples before same-sex marriage was legalized. Now, domestic partnerships are an available option to all people in certain states. [1]
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Section 2 of 4:

Differences Between Marriage & Domestic Partnerships

  1. Civil marriage is a legal status that’s recognized throughout the United States. However, only a few select states recognize domestic partnerships and the rights of domestic partners. Also, depending on the state, a domestic partnership might also be referred to as a civil union. The following states recognize civil unions and domestic partnerships: [2]
    • Colorado, Illinois, Vermont, and New Jersey allow civil unions.
    • California, the District of Columbia, Maine, Nevada, Oregon, Washington, and Wisconsin recognize domestic partnerships.
    • Hawai’i permits a similar relationship called reciprocal beneficiaries.
  2. Domestic partnerships are recognized mainly by select state governments and local municipalities (city, county, etc.). Unlike marriage, there’s no national law that recognizes or sets up a specific framework for domestic partnerships. [3]
  3. When registering for a marriage license, it’s usually required that both people are of the age of consent in their state and are not married to anyone else. Some requirements for domestic partners are the same, but there may also be some additional items. For example: [4]
    • Each person must be at least 18 years old
    • Neither person is married or has another domestic partner
    • Partners reside in the same primary address
    • Both share responsibility for a significant measure of each other’s financial obligations [5]
  4. Unfortunately, because domestic partners aren’t recognized on a federal level, one partner can’t petition for the naturalization of the other. Two people can still register for a domestic partnership regardless of their immigration status. However, this partnership might be considered evidence of a person’s intent to stay in the U.S. permanently, which could potentially become a problem if they have a non-immigrant visa. [6]
  5. Due to the lack of recognition by the federal government, domestic partners aren’t legally allowed to file their taxes jointly. [7] This might be a disadvantage since the tax brackets are wider for married couples and some people end up paying less in taxes when they file jointly as opposed to filing separately. [8]
    • However, this could also give domestic partners a slight advantage over married couples since they can avoid the risk of paying higher taxes due to the marriage penalty.
    • The marriage penalty is when a couple ends up paying more in joint taxes compared to when filing separately. This is usually the case for couples who earn similar incomes.
  6. It’s also possible that a tax will be put on the transfer of assets between domestic partners either as income or a gift by the federal government. For married couples, this process is usually tax-free. [9]
  7. Unfortunately, in the case of the death of a person’s domestic partner, the surviving individual won’t be able to inherit their partner’s Social Security benefits. This is usually the same for benefits for veterans and disability benefits. [10]
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Section 3 of 4:

Similarities Between Marriage & Domestic Partnerships

  1. Depending on where the couple is residing, domestic partners may be able to add each other to their insurance plans and claim one another as dependents just like married spouses would. Domestic partners may be able to receive medical, dental, vision, accident, and life insurance depending on their partner’s employer and their local or state laws. [11]
    • In many cases, domestic partners will have to provide proof of cohabitation and/or joint responsibility of finances in order to claim these benefits.
    • Acceptable forms of proof may include a joint mortgage or lease agreement, joint ownership of a residence, or a joint insurance policy.
  2. Just like married spouses, domestic partners are also eligible to receive things like medical leave and family leave to take care of their partner’s medical needs. They may also be entitled to funeral and bereavement leave. [12]
    • When it comes to receiving family and medical leave, domestic partners may be recognized as each other’s “family” for legal purposes when filling out an FMLA form.
  3. Like married couples, domestic partners are usually entitled to inherit any jointly-owned property upon the death of one partner. They may also be protected against being disinherited just like married couples. In some states, even if one partner dies without a will, the other person may be able to inherit the couple’s community property and anywhere from ⅓ to all of their partner’s separate property. [13]
    • Unfortunately, this isn’t the case in all states, and oftentimes a domestic partner will only be able to inherit what’s specifically designated in the other person’s will. [14]
  4. Typically, spouses and domestic partners have the right to visit their partner in the hospital, a nursing home, or another healthcare facility. These visitation rights are usually limited to people who are legally or biologically related to the patient or admitted person. [15]
  5. For both married couples and domestic partners, a person is usually able to adopt their partner’s biological child as their stepchild. In addition to that, both domestic partners will be recognized as the legal guardians of a child born between them while their domestic partnership is still active, just like a married couple. [16]
    • In the case of both a divorce and the dissolution of a domestic partnership, a partner can be awarded child support, custody, and visitation rights.
  6. Both spouses filing for divorce and domestic partners filing to terminate their partnership can usually file for spousal/domestic partner support . Split couples may pay alimony in order to make sure that their ex-partner’s quality of living doesn’t decrease drastically. [17]
    • The process of filing for divorce and terminating a domestic partnership is essentially the same, just with different titles.
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Section 4 of 4:

Why a domestic partnership?

  1. The choice of whether to be in a domestic partnership or get married is completely up to each person, but domestic partnerships may be more appealing to people who want that sense of commitment and joint responsibility but don’t wish to get married. They can also still enjoy many benefits, such as some insurance benefits and visitation rights, but still maintain a kind of relationship that isn’t necessarily marriage. [18]
    • On the other hand, marriage may be more appealing to others since it’s a more widely recognized institution and has more benefits given by the federal government, such as being able to file taxes jointly.

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      References

      1. ↑ https://www.nclrights.org/wp-content/uploads/2013/07/Relationship_Recognition.pdf
      2. ↑ https://www.ncsl.org/human-services/civil-unions-and-domestic-partnership-statutes
      3. ↑ https://www.nclrights.org/wp-content/uploads/2013/07/AB205.04.2007.pdf
      4. ↑ https://www.miamidade.gov/global/license.page?Mduid_license=lic1495052452022546
      5. ↑ https://www.opm.gov/frequently-asked-questions/domestic-partner-benefits-faq/same-sex-domestic-partner-benefits/what-is-the-definition-of-a-domestic-partner/
      6. ↑ https://www.nclrights.org/wp-content/uploads/2013/07/AB205.04.2007.pdf
      7. ↑ https://www.irs.gov/newsroom/answers-to-frequently-asked-questions-for-registered-domestic-partners-and-individuals-in-civil-unions
      8. ↑ https://taxfoundation.org/tax-cuts-and-jobs-act-marriage-penalty/
      9. ↑ https://www.nclrights.org/wp-content/uploads/2013/07/AB205.04.2007.pdf
      1. ↑ https://www.calbar.ca.gov/Portals/0/documents/caf/CSOGID_Domestic-Partners.pdf
      2. ↑ https://www.nypa.gov/-/media/nypa/documents/document-library/benefits/health-and-wellness/domestic-partner-guide-final.pdf
      3. ↑ https://www.opm.gov/FAQ/domesticpartners/16-What-types-of-leave-may-I-take-to.ashx
      4. ↑ https://www.calbar.ca.gov/Portals/0/documents/caf/CSOGID_Domestic-Partners.pdf
      5. ↑ https://www.cityclerk.nyc.gov/content/domestic-partnership-registration
      6. ↑ https://www.cityclerk.nyc.gov/content/domestic-partnership-registration
      7. ↑ https://www.calbar.ca.gov/Portals/0/documents/caf/CSOGID_Domestic-Partners.pdf
      8. ↑ https://selfhelp.courts.ca.gov/spousal-support
      9. ↑ https://www.nclrights.org/wp-content/uploads/2013/07/Relationship_Recognition.pdf

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