Domestic Partnership vs. Marriage: A Guide (2024)

Is Domestic Partnership the Same as Marriage?

Domestic partnerships are different from marriages, and in many states, this difference is intentional. At one time, states only recognized one type of legal union between people. A marriage creates moral, legal, and financial relationships between two people who willingly enter into the relationship and meet the state’s requirements.

However, a few states created an alternate structure to create these relationships. These structures, called domestic partnerships or civil unions, are meant to create legal and financial obligations without necessarily having the same moral or religious connotations as “marriage.”

Take a closer look at the similarities and differences between a domestic partnership and marriage.

What States Recognize Domestic Partnerships?

One of the major differences between domestic partnership vs. marriage is where couples can form them. All states form marriages, although their requirements differ. Domestic partnerships are only formed in a small minority of states.

Five states allow civil unions:

• Colorado

• Hawaii

• Illinois

• New Jersey

• Vermont

Six states plus Washington D.C. allow domestic partnerships.

These states include:

• California

• Maine

• Nevada

• Oregon

• Washington

• Wisconsin

The remaining states do not form domestic partnerships. Under federal law, states can also choose whether to recognize a domestic partnership validly formed in another state.

For example, a couple who filed a domestic partnership agreement in Nevada might not necessarily be considered domestic partners when they move to another state.

The Role of Domestic Partnerships

A number of couples opt for domestic partnerships because their moral beliefs conflict with the concept of marriage. For other couples, marriage was impossible because of legal restrictions on the right to marry. Before the U.S. Supreme Court found a fundamental right to marriage for same-sex couples, their only choice was a domestic partnership.

In fact, when domestic partnerships were created to address the same-sex marriage issue, some states limited domestic partnerships and civil unions to same-sex couples. In other words, same-sex couples could only form a domestic partnership, and opposite-sex couples could only form marriages in some states.

However, since states have been required to offer marriage to all couples who meet the legal requirements to marry regardless of sex, a few states threw out their old domestic partnership laws and converted domestic partners to married couples.

These states included Connecticut, Delaware, New Hampshire, and Rhode Island. In these states, there is no difference between domestic partnership and marriage because domestic partnership was converted to marriage.

Key Differences Between Domestic Partnership vs. Marriage

Once domestic partners leave the state where they filed their agreement, matters become complicated. Many states do not recognize domestic partnerships formed in other states. These states also choose not to force businesses to offer domestic partnership benefits equal to their marriage benefits.

Thus, some differences in treatment between a domestic partnership vs. marriage include the following:

• Domestic partners might not receive insurance benefits like a spouse.

• Domestic partners might not be able to file joint tax returns.

• Domestic partners might not inherit from each other.

• A domestic partnership might not be eligible for a divorce.

• A partner might not receive benefits, like workers’ comp, when the other dies.

• A partner might not have custody or visitation rights unless they are a biological or adoptive parent.

These issues usually only arise when a couple leaves their home state. This can limit the mobility of those who choose domestic partnership over marriage.

Similarities In Domestic Partnerships and Marriages

Many of the states that still have domestic partnerships have tried to make the systems equal. When weighing the pros and cons of marriage vs. domestic partnership, some of the similarities to consider include the following:

Acquiring Property

Generally, the partners jointly own any property acquired by the couple after forming a domestic partnership. This is the same rule that applies to married couples. For example, in Maine, any property acquired by domestic partners is treated the same as property acquired by a married couple.

Divorcing

States that allow domestic partnerships usually provide a procedure for ending them in a procedure similar to a divorce. Specifically, they provide court supervision for dividing the couple’s property, pursuing alimony and seeking child custody and support for their children.

However, ending a domestic partnership is not the same as ending a divorce in most states. For example, Nevada allows couples to end a domestic partnership by simply filing a document if the partnership is less than five years old and they have no children.

Although people may be concerned about the cost of a lawyer, having a legal partner on your side can make the process significantly easier.

Legal Recognition

In states with domestic partnerships, the laws strive to recognize the relationship as a domestic marriage. In other words, the state often allows them to file state tax returns, seek “spousal” insurance and financial benefits and inherit from each other.

Choosing a Domestic Partnership vs. Marriage

Now that all states must provide and recognize same-sex marriages, the choice between a domestic partnership and marriage often comes down to a preference for what the couple wants to call its partnered marital status. If they have moral or religious objections to marriage, they can get almost the same benefits with a domestic partnership.

On the other hand, these rights might only apply to the state that formed the partnership. If they move to a different state, they might need to get married or risk losing the benefits of their legally recognized domestic partnership.

Learn More From ConsumerShield

As you navigate the choice between domestic partnership and marriage, you may need legal assistance. Every state handles these relationships differently, and it’s essential to know the rights and obligations of each option.

ConsumerShield can connect you with a lawyer to provide legal advice about your choice. Contact us for a free case evaluation today.