Domestic Partnership in CA
Maybe you’re in a long-term relationship but aren’t ready for marriage permanence. Or, maybe you are in it for the long haul but don’t believe in the institution of marriage.
Whatever your reasonings are, if you’re living with a partner in a stable, long-term relationship, then it may be time to consider a domestic partnership. This relationship status offers legal rights and protections to committed couples, without requiring them to wed.
Here’s what you need to know about domestic partnerships in California and what the Maples Family Law team can do to help figure out if this marriage alternative is right for you.
What is a Domestic Partnership?
According to the California Family Code, a domestic partnership is a legal status available to couples living together in a committed, long-term relationship. It’s essentially an alternative to marriage; one that gives protections to individuals who have:
“…chosen to share one another’s lives in an intimate and committed relationship of mutual caring,” but who doesn’t want to get married.
Under this arrangement, partners are granted access to many of the same protections that married couples enjoy, without having to participate in that process.
Why Domestic Partnership?
Prior to the legalization of same-sex marriage, domestic partnerships were used almost exclusively by same-sex couples, who were not legally allowed to wed. By registering as a domestic partnership, these couples were able to receive many legal protections and benefits, even if they couldn’t get married.
Thanks to the Supreme Court’s 2015 ruling, laws banning same-sex marriage have been struck down in all fifty states. As a result, same-sex couples now enjoy the same marriage and divorce rights as hetero couples.
Even still, domestic partnerships are an option for committed couples—regardless of sexual orientation.
This legal alternative to marriage gives couples more flexibility to define their relationship the way they want. It allows them to bypass any uncomfortable historical and/or religious associations with marriage, without giving up any important rights in the process.
What Rights Do I Have in a Domestic Partnership?
The rights and protections afforded domestic partners vary, according to state law. In California, however, these privileges are nearly identical to that of a married couple.
For example, unlike your regular, run-of-the-mill long-term relationship, domestic partners in California have rights to:
- Sick and bereavement leave from employers;
- Access to the other’s medical and dental insurance;
- Accident and life insurance benefits;
- Visitation rights to medical emergencies and jail;
- The power to make financial decisions for the other;
- Housing rights; as well as,
- Parental leave and adoption rights.
In addition, California domestic partners also have certain estate rights, and—in the absence of a will—will automatically inherit at least some of their partner’s estate (depending on how many next of kin there are).
As a bonus, domestic partners do not have to meet California’s residency requirements, either in order to file.
How Do I Get a Domestic Partnership?
In California, couples can register as a domestic partnership by filing a Declaration of Domestic Partnership form with the Secretary of State.
At the time of filing, they also must be able to meet the following criteria:
- Both partners are at least eighteen.
- Both partners consent to the relationship.
- Both partners live in the same house.
- Both partners agree to be responsible for the other’s basic living expenses.
- Neither partner is currently married (or in another domestic partnership).
- Partners are not related by blood.
Prior to January 1, 2020, partners also had to be either the same gender, or over the age of sixty-two. However, that last requirement has since been stricken from California law, and these days any couple—regardless of age or gender—can register as a domestic partnership.
Drawbacks to Domestic Partnership
In California, the protections and benefits afforded to domestic partners are virtually the same as those afforded in marriage; however, that doesn’t mean there aren’t any drawbacks or limitations.
Remember, family law is a state power. Logistically, this means that the benefits you enjoy as domestic partners could change, depending on where you live—in fact, some states won’t recognize your relationship at all.
This might sound crazy, until you consider that the federal government doesn’t, either.
Because federal law doesn’t recognize domestic partnerships, this means that—even if you live in California (where domestic partners have the same protections as married couples)—you still won’t have access to some federal benefits.
For example, unlike married couples, domestic partners will not be able to:
- Collect federal employment benefits;
- Receive social security payouts for their partner;
- Receive federal tax benefits as joint partners;
- Sponsor a non-citizen partner applying for citizenship; or,
- Jointly adopt a child from another country;
Problems also often arise in terms of insurance, especially if a particular insurance company doesn’t recognize domestic partnership on the same level as marriage. Taxes can also be a nightmare, and will likely require you to file differently on state and federal applications.
Unfortunately, domestic partnerships are also almost as hard to end as a marriage.
Ending a Domestic Partnership
While domestic partnerships are not the same thing as marriage, the process for ending this relationship is very similar to divorce.
Just like a quick, uncontested divorce is sometimes feasible, for a select few domestic partnerships, some domestic partners may be able to resolve things by simply filing a Petition for Summary Dissolution. However, this fast, painless option is only available if:
- You both want to end the partnership;
- You haven’t been registered more than five years;
- You do not have any children together (biological or adopted);
- Neither of you is pregnant;
- You do not own or rent any land or buildings (aside from your current residence);
- You do not have more than $6,000 of debt;
- Neither of you has more than $38,000 is separate property;
- Neither partner is seeking alimony; and,
- You both sign an agreement stating that property has been divided (or that there is no property to divide).
As you can see, the requirements for a summary dissolution are fairly extensive; which is why most domestic partnerships have to be dissolved in a more traditional way.
In California, this dissolution process is almost identical to the process for filing for divorce—in fact, the form used for filing an initial divorce complaint is the same one utilized for ending a domestic partnership. (So make sure you check the right box!)
As is the case with divorce, it’s important to have an experienced family law attorney help you navigate this situation. These laws are complex and nuanced, and—while hiring an attorney is a bit more expensive—having one around is a lot less risky than trying to figure it out on your own.
Are You Considering a Domestic Partnership in California?
No two relationships are ever the same, and how you define yours should be flexible. That’s why California now offers domestic partnerships to couples, regardless of age or gender.
If you have more questions about domestic partnerships in California—and how that could benefit your situation—we want to hear from you. Call the Maples Family Law team at (209) 989-4425, or get in touch online, and let us help you decide if this legal status is right for you.
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