You might be wondering, “What’s the difference between a domestic partnership and marriage?” Before 2020, domestic partnerships in California were only offered to same-sex couples and couples where one person was over the age of 62. Now, all couples can explore the option to see if it’s right for them. It’s essential to understand the different legal rights of a marriage versus a domestic partnership.
Legal Definitions and Recognition
A domestic partnership is when two adults make the decision to live together in a committed relationship. Couples may want to choose this option for a myriad of reasons, such as personal reasons, avoiding religion, simpler registration and dissolution processes, etc.
Currently, around 44.9-48% of people are married in California. Marriage in California is recognized by both the state and federal government, whereas domestic partnerships are only recognized by the state, as defined by California Family Code Section 297. California, the District of Columbia, Maine, Nevada, Oregon, Washington, and Wisconsin are the only states that recognize domestic partnerships legally.
This means if you decide to travel or move out of California, you could potentially be facing fewer rights as a partner. This can cause multiple issues when dealing with medical decisions, inheritance rights, and sometimes even hospital visits.
Comparing Benefits
Domestic partnerships and marriages both offer legal protections, but they also have very different rights and advantages. The benefits of marriage include:
- Filing jointly for federal and state taxes. This can help bolster tax deductions and credits.
- Spouses are entitled to survivor benefits from Social Security and veterans’ benefits.
- Married couples can sponsor their spouse for immigration.
- Any children born during the marriage are legally yours by default.
The benefits of domestic partnerships can include:
- The legal right to visit each other in the hospital. Oftentimes, only family members are allowed into hospital rooms during emergencies.
- The right to make emergency medical decisions on your partner’s behalf without the need for any additional legal documentation.
- Sharing insurance coverage. You can consolidate your healthcare benefits at the state level.
The decision between a marriage and a partnership tends to be very personal. If you don’t want children, don’t have a business, or own property together, it can be an easier legal decision to make than marriage. Domestic partnerships typically mean fewer financial entanglements and less complexity in shared property ownership.
Registration Process
The legal process for marriage and domestic partnership registration in California differs in several ways. To marry in California, couples must first get a marriage license from a county clerk’s office. Then, within 90 days of obtaining the marriage license, the couple must have a ceremony performed by an officiant and then register their marriage with the state.
For a domestic partnership, the process is a lot simpler. A couple must file a Declaration of Domestic Partnership with the California Secretary of State. No formal ceremony is required. This streamlined process is appealing to many couples who don’t want to engage in ceremonial requirements. However, while the filing for a domestic partnership is simple, dissolving it can come with its own challenges. Experienced legal consultation is highly recommended, especially for couples who share assets or children.
Termination Procedures
Dissolving a marriage versus a domestic partnership comes with different procedures, with various complexities depending on each couple.
To dissolve a marriage, a couple must file for divorce through the California Family Court. This process takes at least six months and includes property and asset division, potential spousal support, and custody hearings if children are involved.
For a domestic partnership, it can sometimes be as simple as filing a Notice of Termination with the California Secretary of State. The partnership will then be dissolved in six months from filing. However, like marriages, if any assets or children are involved, the termination can be more complex and lengthy.
FAQs
Q: What Is the Difference in Property Rights Between Marriage and Domestic Partnership?
A: When a domestic partner passes away, they might not automatically inherit each other’s property. In most cases, a married person can claim their spouse’s estate tax-free. To inherit their counterpart’s estate, domestic partners might need a will, and they will still be liable for any applicable taxes.
However, both married couples and couples in domestic partnerships benefit from California’s community property laws. Anything purchased during the relationship is shared equally after the termination of the marriage or partnership.
Q: Are Parental Rights the Same in Domestic Partnerships and Marriage?
A: In California, the other partner will be considered the child’s parent automatically if one partner gives birth during the domestic partnership. California will allow the other parent to adopt, like a stepparent, if one partner had a child before entering a domestic partnership. The California courts will decide custody and visitation if you both adopt a child or have a child during the partnership and later decide to divorce. Both parents will be responsible for support.
Q: How Many Years in a Relationship Are You Considered Married?
A: California does not legally recognize common-law marriages, so it’s important to make an informed decision about committing to a domestic partnership. This means that simply living together for an extended amount of time does not automatically grant legal marriage status. You must file and go through the courts to have legal recognition and rights.
Q: What Are the Benefits of a Domestic Partnership?
A: Domestic partnerships in California offer many state-level benefits, including the right to make medical decisions, inherit property, and own community property. Partners can share property ownership, adopt children, and raise children born during the partnership. They may take each other’s last name or combine surnames.
Surviving partners receive legal protections if one partner dies. Domestic partners can also access state-administered health benefits. However, these partnerships do not provide federal benefits like Social Security or joint federal tax filing.
Speak With an Experienced Attorney Today
Choosing between a domestic partnership and marriage involves significant long-term implications. Each option has distinct advantages and limitations depending on your priorities. The attorneys at Offices of Lisa R. McCall, APC, can help guide you through these complex decisions, ensuring that your legal standing and rights are clearly defined and protected, both now and in the future. Reach out to us for personalized advice and legal assistance, and see which option is right for your relationship.
