As of 2007, there were a reported 12 million+ unmarried partners living together in the U.S. (an 88% increase from 1990.) Unmarried couples sometimes have the option (depending on the state) to get a domestic partnership. Since gay marriage was legalized in 2015, the need for domestic partnerships has declined. However, they still persist in some states. You may have heard of a domestic partnership and wondered how it differs from a marriage in the United States.
But if gay marriage is legal–what is the difference between domestic partnerships and marriage, and why do some states allow both? This blog will dig into the key differences between domestic partnership and marriage, including the legal definition, requirements, benefits, and drawbacks.
What is a domestic partnership?
A domestic partnership (sometimes called a civil union), is the legal recognition of a couple’s union together by a state. The legal definition of domestic partnership varies by state, but generally, it refers to a committed, romantic relationship between two people who live together and share domestic responsibilities.
- Some of the same rights as marriage: A domestic partnership is a legally recognized relationship that grants some of the same rights and benefits as marriage. However, what is available for domestic partnerships varies depending on your state.
- All types of couples may get one: It’s a misconception that domestic partnerships are only for same-sex couples. Depending on your state law, domestic partnerships can generally be between opposite-sex OR same-sex couples.
- Legal recognition: Domestic partnerships are recognized in several states and municipalities in the United States, but not all states. So, no, you cannot get a domestic partnership in just any state. (Since the legalization of same-sex marriage in 2015, many states dropped the ability to get a domestic partnership).
Requirements for a domestic partnership
The requirements for a domestic partnership can vary depending on the jurisdiction. In many cases, couples must meet the following criteria to qualify for a domestic partnership. Both partners must:
- Be of the proper age
- Be unmarried and not in another domestic partnership with someone else
- Both live in a state where domestic partnership is allowed
- Share a committed, romantic relationship
- Not be related by blood
Again, these requirements vary greatly from state to state. For example, to register for a domestic partnership in New Jersey, both parties must be at least 62 years old! On the other hand, the age requirement for a domestic partnership in the District of Columbia and Seattle, Washington, is 18 years old.
Another example is California, where there is no state residency requirement needed to register as a domestic partnership.
The bottom line: You’ll need to check with your specific state to ensure you have all the requisite requirements for creating a domestic partnership.
Benefits of a domestic partnership
The advantages of getting a domestic partnership include:
- Easy to obtain (in some states, it’s a matter of filing a form, that’s it)
- Easy to dissolve (in some states, it’s a matter of filing a form to terminate the union!)
- Can recognize your love for each other without all the hassle of a wedding or intense legal commitment
- Allows for some of the same benefits as marriage (only in some states/counties)
What benefits can you receive as a domestic partner? Well, domestic partnerships may grant the following rights, depending on your location:
- Health insurance benefits
- Family and medical leave
- Inheritance rights
- Property rights
- Death benefits
However, the specific benefits of domestic partnerships vary by jurisdiction, and not all states or municipalities recognize domestic partnerships. For example, in Nevada, health insurance providers are not required to allow domestic partners to receive coverage. In contrast, in New Jersey, same-sex domestic partners are required to receive coverage (with some caveats). As you can see, the benefits of a domestic partnership can be different from one state to the next.
Drawbacks of a domestic partnership
Although domestic partnerships sometimes offer some of the same benefits as marriage, they also have some disadvantages. For example:
- Domestic partnerships are not recognized in all counties, states, and foreign countries
- Domestic partnerships do not always offer the same level of legal protection as marriage
- Domestic partnerships may be dissolved more easily than marriages (this may be a drawback or a benefit, depending on which you look at it)
- People in domestic partnerships cannot get a prenup
As you can see, domestic partnerships aren’t all sunshine and rainbows–depending on what you’re looking for out of a legal union, it may not provide you with what you’re looking for. For example, if you’re looking for financial protection as a stay-at-home parent, a domestic partnership may not be your best bet as you may not have joint property inheritance rights or other property division rights. On the other hand, if you’re looking for an easy way to recognize your love without all of the hassle, then a domestic partnership may be more your speed.
What is marriage?
Marriage is a legal unity between two individuals that establishes rights and obligations between them. (And it’s also about LOVE, of course!). Marriage is recognized in all states in the United States and in most countries worldwide.
If you get married in one state (following the proper procedures), it is legally recognized in other states, thanks to the Full, Faith, and Credit Clause of the Constitution.
Why get married? Well, besides love, the U.S. offers tons of benefits to married couples, such as immigration rights, tax benefits, health insurance, and more.
Requirements for getting married
Each state sets it’s own requirements for how to get married legally. Generally, to get married in the U.S., couples must meet the following requirements:
- Both partners must be of legal age
- Both partners must be unmarried
- Both partners must have the capacity to consent to marriage
- Both partners must not be closely related by blood
- A marriage license must be filed with the state
- A marriage ceremony must take place to solemnize the relationship
- Witnesses and an officiant must sign off on the marriage certificate
Some marriage requirements can vary slightly from state to state, but these are the generally accepted requirements across virtually all states. For example, in some states, there may be a waiting period between the filing of the marriage license and the marriage ceremony.
Benefits of marriage
There’s a reason 133.1 million people in the US are married. So, why get married over a domestic partnership? Well, marriage offers numerous legal rights and benefits, such as:
- Joint tax filing
- Inheritance rights
- Property rights
- Health insurance benefits
- Social Security benefits
- Immigration benefits
In addition, marriage offers a level of legal protection that is not available with domestic partnerships. For example, getting a divorce offers more legal protections to certain parties that may not be offered to parties in a domestic partnership. However, it’s important to understand that some of the benefits of domestic partnerships and marriages do overlap. But, in general, marriage has more protections overall.
Drawbacks of marriage
Although marriage offers many benefits, it also has some disadvantages. For example:
- Marriage ceremonies can be expensive (weddings ain’t cheap, guys!) The average wedding in 2024 costs $33,000.
- Divorce can be costly and time-consuming, whereas terminating a domestic partnership is oftentimes just a matter of filing a form, depending on your state.
- Marriage may not be the best option for couples who prefer more flexibility in their relationship. For example, domestic partnerships can be dissolved more easily and have less legal recognition.
- Older folks may not want to get married for certain reasons because marriage will create a ripple effect in other areas, such as losing social security benefits, having estate plan issues, losing eligibility for Medicaid, and more.
What is the difference between domestic partnership and marriage?
While both domestic partnerships and marriages are legal recognitions of a couple’s union together, there are some major differences. Here are some of the key differentiators between domestic partnership and marriage:
Level of Legal Recognition
Marriage is recognized in all states in the United States and in most countries worldwide, while domestic partnerships are only recognized in some states, and within states, only some counties may recognize it. Even in the states/counties that recognize domestic partnerships, there are still variations as to what is recognized under a domestic partnership. For example, in Illinois, domestic partnerships rights are extended to state employees only. Another example is in California, where only a handful of counties recognize domestic partnerships.
Requirements to obtain a marriage/domestic partnership
The requirements for marriage are generally more rigid than those for domestic partnerships. For example, couples must obtain a marriage license and have a ceremony to solemnize the marriage, while domestic partnerships may only require registration with the appropriate government agency. For example, to register a domestic partnership in California, all you have to do is fill out this form, notarize it, and pay a fee.
Rights and Benefits
Marriage generally offers more legal rights and benefits than domestic partnerships, including joint tax filing, Social Security benefits, and immigration benefits. On the other hand, depending on the state and county, the rights and benefits available to a domestic partnership may vary. For example, in counties where domestic partnerships are recognized in California, they are extended the same full rights and benefits under the law as married couples (Cal. Fam. Code 297.5). On the other hand, in Phoenix, AZ, the only benefit extended to domestic partnerships is the right to visitation in a hospital setting.
Dissolution
Ending a domestic partnership is generally less complex and less expensive than getting a divorce. In some cases, domestic partnerships can be dissolved by simply terminating the registration with the government agency, while divorce involves court proceedings, legal fees, and potentially long-term financial obligations. For example, to terminate a domestic partnership in Phoenix, AZ, all you need to do is fill out this form, notarize it, and send it back to the City Clerk.
The bottom line on domestic partnerships vs. marriage
While both domestic partnership and marriage offer legal recognition of committed relationships, they differ significantly in terms of legal rights, requirements, and benefits. In addition, some states don’t even offer domestic partnerships as an option, thanks to the legalization of marriage in 2015. Couples should carefully consider their individual needs, goals, and state laws when deciding which option is best for them if it is available. Cheers to love!
Frequently Asked Questions (FAQs) about domestic partnerships vs. marriage
Do you have lingering questions about domestic partnerships and how they compare to marriages? Keep reading to see some commonly asked questions below!
Q: Do domestic partners file taxes together?
A: No, the federal government does not recognize domestic partnerships in terms of joint tax filing.
Q: Can opposite-sex couples enter into domestic partnerships?
A: Depends on the state. Many states do allow opposite-sex couples to enter into domestic partnerships.
Q: Do domestic partners have inheritance rights?
A: In most states, domestic partners have some inheritance rights, but the specific laws vary by jurisdiction.
Q: Can domestic partners receive Social Security benefits?
A: In some cases, domestic partners may be eligible for Social Security benefits if they meet certain criteria, such as having been in a committed relationship for a certain length of time.
Q: Can domestic partnerships be converted to marriages?
A: In some states, domestic partnerships can be converted to marriages by obtaining a marriage license and having a ceremony to solemnize the marriage. The specific requirements vary by jurisdiction.
Nicole Sheehey is the Head of Legal Content at HelloPrenup, and an Illinois licensed attorney. She has a wealth of knowledge and experience when it comes to prenuptial agreements. Nicole has Juris Doctor from John Marshall Law School. She has a deep understanding of the legal and financial implications of prenuptial agreements, and enjoys writing and collaborating with other attorneys on the nuances of the law. Nicole is passionate about helping couples locate the information they need when it comes to prenuptial agreements. You can reach Nicole here: Nicole@Helloprenup.com
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