A domestic partnership allows couples to reap the benefits of marriage without becoming legally wed.
But what does being a “domestic partner” mean, and how does it differ from being a spouse?
Let’s explore.
Domestic Partner, Defined
A domestic partnership is a legally recognized relationship between two people who live together and share a life but aren’t married.
Being a domestic partner makes you one-half of that relationship and can entitle you to certain legal rights you don’t have in an unmarried relationship.
While it’s legally one step down from marriage, you shouldn’t enter a domestic partnership in haste. Being a domestic partner means you’re making a long-term commitment to your significant other and are ready to take on certain, sometimes serious, legal responsibilities together.
Only a handful of states recognize domestic partnerships, so research your state’s requirements before committing to this idea.
In California, domestic partnerships grant many of the same rights and responsibilities as marriage, but there are some notable differences. For example, in community property states like CA, community property rights begin upon the establishment of the domestic partnership just as you would if you were getting married.
BEFORE getting married, what conversations about MONEY should you have with your partner?
Use this guide to discuss budgets, assets, debts, goals, joints bank accounts and more.
Get the guideLegal and Tax Implications: Domestic Partnership vs. Marriage
Here are the main legal and tax differences between domestic partnerships and marriage in California:
Feature |
Domestic Partnership |
Marriage |
|---|---|---|
Legal Recognition |
Recognized under California law but not federally Recognized in all states and federally. |
Waivers that leave one spouse destitute. Agreements regarding property division that violate public policy or laws. |
Tax Filing (Federal) |
Must file separately |
Can file jointly |
Social Security Benefits |
Not eligible for spousal benefits |
Benefits are tax-exempt |
Inheritance Rights |
Recognized in California but may face challenges in other states |
Fully recognized in all states |
Employer Benefits |
Some benefits may be taxable |
Benefits are tax-exempt |
Medical Decision-Making |
Partners can make medical decisions for each other |
Spouses can make medical decisions for each other |
Hospital Visitation Rights |
Partners have visitation rights |
Spouses have visitation rights |
Community Property Rights |
Domestic partners share community property rights similar to married couples |
Spouses share community property rights |
Child Custody & Support |
Partners have the same rights as married couples regarding child custody and support |
Full parental rights, same as domestic partners |
Dissolution Process |
Requires legal dissolution process |
Requires legal divorce process |
Your Domestic Partnership Questions, Answered
These are common questions I get about domestic partnerships in California you might find helpful:
1. Can I enter a domestic partnership if my divorce from a previous relationship is not yet finalized?
No, bigamy laws also apply to domestic partnerships, so you can not be in a domestic partnership and a marriage at the same time.
2. Can I get a prenup in a domestic partnership?
Yes! Since community property laws in CA start upon a domestic partnership, you can definitely get a prenuptial agreement to lay out the terms of your partnership just as you would if you were getting married.
3. Are there special requirements to validate your marriage if you’re in a domestic partnership and then decide to get married?
No extra steps are required to validate your marriage as long as you follow the standard procedure for obtaining a marriage license and finalize the marriage per your state’s laws.
4. Can I change my last name in a domestic partnership? What happens if we end the relationship?
Yes, you can change your last name in a domestic partnership.
If you terminate the domestic partnership, your judgment will include language restoring your maiden name (if that’s what you wish to do). However, changing your name on legal documents (like a passport or social security card) must be done separately.
Is Domestic Partnership For You?
If you’re in a serious relationship, entering a domestic partnership is a viable solution that provides legal protections for both you and your partner.
Keep an open dialogue with your significant other, and engage with an experienced family law attorney to get your questions answered before making any big decisions.
Have more questions about how a domestic partnership could benefit you in California? Schedule a consultation with me today.