Domestic Partnerships

A domestic partnership is a formal agreement between two parties who cohabitate, often in a committed relationship, that provides certain protections and benefits — typically related to finances, medical decisions, and health care.

The laws surrounding domestic partnerships and marriage depend on individual state laws. This page provides an overview of domestic partnerships with answers to common questions. For specific questions related to your situation, consult with a top family law attorney in your area.

What Are Domestic Partnerships?

Although seemingly similar to civil unions or formal marriages, domestic partnerships are legally distinct from both. Before the legalization of same-sex marriage as a result of the Supreme Court’s Obergefell v. Hodges decision in 2015, domestic partnerships were the most common option for same-sex partners seeking recognition of their union and any rights.

Which States Recognize Domestic Partnerships?

Currently, seven states (or jurisdictions, in the case of the District of Columbia) recognize domestic partnership: California, Washington D.C., Maine, Nevada, Oregon, Washington state, and Wisconsin.

Hawaii essentially provides an equivalent to a domestic partnership, known as a reciprocal partnership. Other states, including Colorado, Hawaii, Illinois, Vermont, and New Jersey, allow civil unions. In states without domestic partnerships or civil unions, some cities and municipalities may also provide benefits to domestic partners.

Applying for a Domestic Partnership

Applying for a domestic partnership is usually relatively straightforward, providing that both would-be partners meet the common criteria for establishing said partnerships. Broadly, both prospective partners entering into a domestic partnership must be 18 years of age, mentally sound and competent, live together with the intent for this living arrangement to be permanent, and not be closely related to one another.

Provided that all of these qualifiers are met, couples then must fill out the paperwork found at the local city, county, or state clerk’s office or their respective websites. In more complex situations, you might need to consult an attorney specializing in family law to determine the best way forward.

What Are the Benefits of Domestic Partnerships?

The most frequently sought benefits relating to domestic partnerships are those typically also sought by couples more interested in marriage or a civil union. Health benefits, bereavement leave, and visitation rights about hospital stays or jail sentences are just some of the benefits afforded to members of a domestic partnership.

However, as domestic partnerships are not recognized at the federal level, certain benefits, such as collecting a partner’s social security benefits, are unavailable to couples.

What Is an Affidavit of Domestic Partnership?

An affidavit of domestic partnership (or declaration of domestic partnership) is a form filled out once a domestic partnership has been formally recognized to extend or establish the union with a third-party agency, typically an insurer.

For example, if one member of a newly formed domestic partnership holds health insurance, they would be quite likely to file an affidavit of domestic partnership to the insurance company to extend their health insurance coverage to the partner without health coverage.

Difference Between a Domestic Partnership, Civil Union and Marriage

Because of the benefits of marriage, following the legalization of same-sex marriage in 2015, the popularity of both domestic partnerships and civil unions waned. Civil unions are legal only in Colorado, Hawaii, Illinois, Vermont, and New Jersey.

Couples in domestic partnerships are exempt from any federal entitlements typically afforded to married couples, and civil unions face this same difficulty. Only recognized marriages, same-sex or opposite-sex, provide federal benefits and entitlements related to the union. In this way, domestic partnerships and civil unions are more alike than either are to marriage.

Some states, such as Florida, New York, and Texas, do not provide for domestic partnerships at the state level. However, exceptions do exist.

The same is true in Florida, where state-wide provisions for registering domestic partnerships do not exist. Still, Broward, Leon, Miami-Dade, Monroe, Orange, and Palm Beach counties provide their registries and mechanisms to apply. Likewise, the cities of Gainesville, Key West, Miami Beach, Sarasota, and Tampa have municipal registries supporting applicants seeking to establish a domestic partnership.

The best partnership for you and the best avenue for you to get there depends on your circumstances. For the best advice, consult a local and experienced family law attorney.