Domestic Partnership: Benefits & Guide

domestic-partnership

By Tiffany V.

Published on 05/16/2024

KEY TAKEAWAYS 

  • Domestic partnership has fewer benefits than having a marriage 
  • Notarizing documents for your domestic partnership ensures validity and security 

 

The following is for readers looking to navigate domestic partnerships and their benefits. Read along for a guide on how to register as a domestic partnership and how to go through the process. 

 

 

1. What is a Domestic Partnership? 

A domestic partnership is when two people live together and share a life – similar to a married couple. However, in a domestic partnership, the couple is not married. 

A domestic partnership gives them some of the same benefits and duties that married couples have. 

 

How to make a domestic partnership official? 

To make it official, couples usually need to register with the local or state government to fill out paperwork like a domestic partnership affidavit or certificate of domestic partnership. 

 

The purpose of a domestic partnership agreement

This type of agreement is a legally binding document that formalizes the relationship between two individuals who live together. 

 

When do you need it? 

These agreements can come into play when couples prefer not to marry but need benefits for: 

  • healthcare
  • shared property, etc. 

(Usually close to the same benefits a marriage would have). 

 

Why should I notarize a domestic partnership affidavit? 

Notarizing this document ensures the: 

  • document's authenticity
  • compliance with legal standards
  • validity when registering with the government entities
  • validity when registering with employer entities
  • minimization of disputes 
  • validity of the document's legitimacy 

 

What are common misconceptions of the domestic partnership? 

Many mistakenly believe that a domestic partnership offers the same rights and benefits as a marriage. However, this is not entirely true. 

Some differences exist such as: 

  • A domestic partnership is not simple to revoke 
  • Domestic partnership documents are not optional (you must notarize them) 
  • Domestic partnerships vary by state

 

 

2. Registering for a Domestic Partnership 

Registering for a domestic partnership relies on state laws, which can vary by jurisdiction. 

Unlike marriage, which is universally recognized in every state, domestic partnerships are controlled by local laws. These laws determine who qualifies, the required documents, and associated benefits. 

 

Eligibility requirements 

To qualify for a domestic partnership, specific conditions must be met. These requirements usually vary by state. 

  • Both partners must be 18 years or older
  • Partners must live together
  • There must be proof of financial independence
  • Both partners must be single
  • Must not be closely related by blood/marriage
  • At least one partner must live or work within the state.

Check with your local area for specific qualifications that apply. 

 

Required documentation

Both partners must provide a government-issued identification (ID) such as a driver's license or passport. 

Some states may also require proof of residence

You can prove this with the following: 

  • utility bills
  • lease agreements

 

Lastly, collect any additional documentation required by your local area or state requirements. This can be divorce papers or an out-of-state domestic partnership certificate if needed. 

 

Complete the application

You must submit a certificate of domestic partnership or an affidavit of domestic partnership to a government office. 

Follow the steps that your state provides to avoid any delays. 

Both these documents confirm your relationship status. 

 

 

3. Benefits of a Domestic Partnership 

Domestic partnerships provide many benefits, including emotional and legal advantages. 

 

Health and employment benefits 

Establishing a domestic partnership grants you access to significant health and employment benefits. 

These include: 

  • Health insurance coverage 
  • Dental benefits 
  • Life insurance benefits 
  • Death benefits 
  • Parental rights
  • Sick leave 
  • Family Medical leave 
  • Bereavement leave 
  • Visitation rights 
  • Housing Rights 
  • Immigration benefits

 

Benefits they don't include . . . 

Compared to marriages, domestic partnerships may not include the following benefits: 

  • Domestic partnerships are not universally recognized in all states
  • Do not have access to federal benefits like SSN spousal benefits, survivor benefits or tax benefits
  • Do not have automatic inheritance rights
  • May face additional requirements or limitations for immigration benefits
  • May need to go through a separate legal process to change names 
  • May have varying processes depending on local laws to domestic partnerships that separate

 

 

4. Notarize Your Domestic Partnership Documents Online with NotaryLive

When you can notarize a document online with NotaryLive in a matter of minutes, there's no need to make the effort to travel, take time off work, or waste your day going to the nearest local notary. 

 

Here's how NotaryLive works in 4 easy steps: 

How NotaryLive Works 

To get started, you can click the button below.

Notarize Now!

 

 

FAQ For Domestic Partnership

  • Is my boyfriend considered a domestic partner?
    • No. Not right away – for them to be a domestic partner, you'd need to register as domestic partners in states that allow it. 
  • Is domestic partnership a good idea?
    • It depends. Domestic partnerships provide legal recognition but have fewer benefits than having a marriage license with your partner. 
  • What states recognize domestic partnerships? 
    • California, Maine, Nevada, New Jersey, Oregon, Washington, Wisconsin, Washington D.C., Hawaii, Illinois, Iowa, New Mexico, New York, Vermont, and more. 
  • Does domestic partnership have fewer benefits? 
    • Yes. 
      • Benefits may not be portable if you change jobs or move
      • You may not have full hospital visitation or healthcare decision rights
      • Dividing assets after a separation can be difficult 
      • Retirement accounts and SSN benefits differ from marriage partnership

 

 

 

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Updated Date: 09/16/2024


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