Domestic Partnership vs. Marriage: What’s the Difference?

How registered partnerships, private agreements and marriage compare on rights, taxes and benefits.

By No Brainer Forms Team Updated 2 min read

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:

  1. A registered domestic partnership with a state, county or city, which gives some legal rights.
  2. An employer’s domestic partner benefits, where a company lets employees add a partner to health insurance under its own rules.
  3. A domestic partnership agreement, a private contract between partners, similar to a cohabitation agreement.

Marriage vs. registered domestic partnership

Right or benefitMarriageRegistered domestic partnership
Recognized in every stateYesNo, only where it’s offered, and other states may not honor it
Federal tax filing (joint returns)YesNo
Social Security spousal and survivor benefitsYesGenerally no
Inheritance without a willYes, under state lawOnly in states that grant it to partners
Medical decision-makingUsually first in lineDepends on the state
Employer health insuranceRequired for many plansDepends on the employer
Ending the relationshipDivorceTermination process; may be simpler or may require court
Marriage compared with a registered domestic partnership

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:

Frequently asked questions

Is a domestic partnership the same as a civil union?

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.

Can we file taxes jointly as domestic partners?

Not on federal returns. The IRS treats registered domestic partners as unmarried. Some states have their own rules for state returns.

Do domestic partners inherit from each other?

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.

Does a domestic partnership carry over if we move?

Not necessarily. Many states don’t recognize partnerships registered elsewhere. Your private agreements and estate planning documents travel much better.

Is common law marriage an alternative?

Only a few states recognize new common law marriages, and the requirements are strict. Most cohabiting couples are not common law married.

Keep reading

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.

  1. Answer a few simple questions online
  2. Download your completed, ready-to-sign forms
  3. Sign them and keep copies in your account
Protect our partnership →

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.