Key Takeaways
- Marriage gives couples a broad, uniform set of legal rights in every state and under federal law.
- A registered domestic partnership is a state or local status; the rights it provides vary widely, from nearly marital in some states to very limited elsewhere.
- Federal law, including tax filing and Social Security survivor benefits, generally doesn’t recognize domestic partnerships.
- A domestic partnership agreement is a private contract between partners about property and finances, whether or not you register.
- Neither registration nor an agreement replaces a will, powers of attorney or a HIPAA release.
Three different things called “domestic partnership”
The term gets used in three ways, which is part of the confusion:
- A registered domestic partnership with a state, county or city, which gives some legal rights.
- An employer’s domestic partner benefits, where a company lets employees add a partner to health insurance under its own rules.
- A domestic partnership agreement, a private contract between partners, similar to a cohabitation agreement.
Marriage vs. registered domestic partnership
| Right or benefit | Marriage | Registered domestic partnership |
|---|---|---|
| Recognized in every state | Yes | No, only where it’s offered, and other states may not honor it |
| Federal tax filing (joint returns) | Yes | No |
| Social Security spousal and survivor benefits | Yes | Generally no |
| Inheritance without a will | Yes, under state law | Only in states that grant it to partners |
| Medical decision-making | Usually first in line | Depends on the state |
| Employer health insurance | Required for many plans | Depends on the employer |
| Ending the relationship | Divorce | Termination process; may be simpler or may require court |
Why couples choose domestic partnership
- They don’t want to marry for personal, religious or financial reasons
- Marriage would affect pensions, alimony, benefits or financial aid
- They want some legal recognition and employer benefits without marrying
- Older couples who worry about the financial effects of remarriage
What a domestic partnership agreement adds
Whether or not you register, a domestic partnership agreement puts your financial arrangements in writing: who owns the home, how you share expenses, what happens to joint property if you separate. Registration gives you whatever status your state offers; the agreement gives you terms you chose.
The documents every couple should have anyway
Married, registered or neither, every adult needs documents for emergencies and death:
- A HIPAA release and a health care power of attorney
- A financial power of attorney
- A living will
- A will and up-to-date beneficiary designations, especially primary and contingent beneficiaries
Frequently asked questions
They’re similar ideas, but the names and rights depend on the state. Some states that once offered civil unions converted them to marriages or stopped offering new ones.
Not on federal returns. The IRS treats registered domestic partners as unmarried. Some states have their own rules for state returns.
Only where state law grants registered partners inheritance rights, and only if you’re registered there. A will is the reliable way to leave property to a partner.
Not necessarily. Many states don’t recognize partnerships registered elsewhere. Your private agreements and estate planning documents travel much better.
Only a few states recognize new common law marriages, and the requirements are strict. Most cohabiting couples are not common law married.
Keep reading
- Estate Planning for Unmarried Couples: How to Protect Each OtherUnmarried partners have few automatic legal rights. Learn which documents let you make medical decisions, share information and inherit from each other.
- Cohabitation Agreement: What It Covers and Why Couples Sign OneA cohabitation agreement sets out how unmarried partners share property, expenses and debts, and what happens if they split up. Here's what to include.
- Primary vs. Contingent Beneficiary: How to Name Them RightA primary beneficiary inherits first; a contingent beneficiary inherits if the primary can't. Learn how they work, common mistakes, and how beneficiaries interact with your will.
- Can an Unmarried Partner Make Medical Decisions for You?In many states an unmarried partner isn't next of kin for medical decisions. Learn how a health care power of attorney and HIPAA release give your partner a voice.
Make sure your partner can be there for you
Give each other access to medical information and put your partnership in writing with HIPAA, medical authorization and a domestic partnership agreement. The No Brainer Box adds powers of attorney and a living will.
- Answer a few simple questions online
- Download your completed, ready-to-sign forms
- Sign them and keep copies in your account
This guide is general educational information written by the No Brainer Forms Team. It is not legal advice, and No Brainer Forms is not a law firm. Laws and signing requirements vary by state; for advice about your situation, talk to a licensed attorney in your state.