State Laws: Domestic Partnerships
Domestic partnerships are legal relationships where couples live together but are not married, granting them certain rights similar to those of married couples. While less common since the legalization of same-sex marriage, many states and municipalities still recognize domestic partnerships, offering benefits like health insurance and inheritance rights. Requirements for establishing a domestic partnership vary, often involving registration with local authorities.
Every state establishes its own marriage and family laws, including those that govern domestic partnerships. Domestic partnership laws give certain legal rights to couples living together in a committed relationship who are not married. Since the legalization of same-sex marriage, domestic partnerships are not used as often as they used to be. And they are not offered in every state.
This article provides a brief overview of domestic partnerships in the United States. It also provides a list of municipalities that extend protections to domestic partners.
If you have questions about domestic partnerships, consult a family law attorney. They can help you understand your rights and the specific protections available. They will provide personalized legal guidance based on your circumstances and location.
Domestic Partnership Defined
A domestic partnership is a legal relationship where couples live together in a committed relationship but choose not to marry or cannot legally marry.
The state often requires partners to register their domestic partnership to enjoy the benefits and rights granted to domestic partners. Both same-sex and opposite-sex couples seeking legal recognition without marriage can register as domestic partners.
Domestic Partnerships: A Brief History
Before the 2015 Obergefell v. Hodges (2015) decision, which states that same-sex marriage bans are unconstitutional, not all states allowed same-sex couples to marry. Many states created domestic partnership registration to give some protections to these couples.
Registered domestic partners have some of the same legal rights as married couples. These rights typically include healthcare, health insurance, and visitation rights. Yet, marriage offered more. For example, common law and community property rules often did not apply to domestic partnerships. Later, as marriage rights expanded, the need for common-law marriage decreased.
Marriage equality is now federal law. After the Obergefell decision, the status of domestic partner benefits was unclear at the state level. The eligibility for domestic partnerships was also unclear in different cities and counties within states. As a result, domestic partnerships and civil unions are much less popular. What’s more, many employers are no longer extending benefits to domestic partners.
Yet, there are instances where unmarried couples may choose to forego marriage. Unmarried cohabitants should check with the state and local laws in their jurisdictions. This can help determine what rights may be available to them.
Domestic Partnership Laws Today
Today, domestic partnership law varies across states. Some places still offer protections to registered domestic partners. This is true even though same-sex marriage is legal.
Domestic partnerships can provide benefits like health insurance and Social Security. Others might enjoy income tax advantages.
To start a domestic partnership, a couple usually files a declaration of domestic partnership with the city clerk or the secretary of state. They often need to pay a filing fee. There are also other requirements, like age. Sometimes, they may need a notary or to apply in person.
Domestic Partnership Laws By State
The table below outlines domestic partnership laws in each state.
Alabama |
Neither the state nor any municipality in the state provides specific rights to domestic partners. |
|---|---|
Alaska |
In this state, the City and Borough of Juneau extend protections to domestic partners. |
Arizona |
This state allows domestic partnerships (name changed to “Civil Union Registry") for limited reasons. The following cities extend benefits to domestic partners: The towns of Jerome and Clarkdale also recognize domestic partnerships. Pima County is the only county within the state to do so. These benefits include the right to visitation with a domestic partner in any healthcare facility within the city. |
Arkansas |
The City of Eureka Springs does certify domestic partnership registrations. This was the first and only city in the state to extend health insurance coverage for domestic partners of city employees. |
California |
In California, the following cities extend protections to domestic partners within the state:
The following counties extend similar protections: |
Colorado |
This state recognizes civil unions instead of domestic partnerships. The cities of Aspen, Boulder, and Denver extend benefits to civil union members. Eagle County is the only county within the state to extend benefits to domestic partners. |
Connecticut |
The state extends benefits to domestic partners. The city of Hartford extends benefits to domestic partners and provides a domestic partner registry. |
Delaware |
Neither the state nor any municipality in the state provides specific rights to domestic partners. However, when the court legalized same-sex marriages, it automatically converted all previous civil unions into civil marriages. |
Florida |
The following cities in the state of Florida offer domestic partnership registrations and protections to domestic partners:
The following counties offer similar benefits: |
Georgia |
In Georgia, the following cities have domestic partnership registries and offer protections to domestic partners: The following counties offer similar protections |
Hawaii |
The state of Hawaii limits domestic partnerships to state employees only. However, the state also offers same-sex marriages (like all other states), civil unions, and reciprocal beneficiary relationships. |
Idaho |
Neither the state nor any municipality in the state provides specific rights to domestic partners. |
Illinois |
Illinois limits domestic partnerships to state employees only. However, the state also allows civil unions and same-sex marriages (like all other states). The following cities extend protection to domestic partners: The following counties extend similar benefits: |
Indiana |
In this state, the cities of Bloomington and Indianapolis offer protection to domestic partners. |
Iowa |
Iowa limits domestic partnerships to state employees only. Iowa City extends benefits to residents. |
Kansas |
In this state, residents of the cities of Lawrence or Topeka can register as domestic partners. |
Kentucky |
In Kentucky, the following cities extend domestic partnership benefits to their residents: |
Louisiana |
In Louisiana, the city and parish of New Orleans offer domestic partnerships if the city employs at least one partner. |
Maine |
In this state, the city of Portland extends domestic partnership benefits to residents. |
Maryland |
In Maryland, the following cities offer protection to domestic partnerships: The following counties extend similar protections: |
Massachusetts |
This state limits domestic partnerships to state employees only. In Massachusetts, Boston, and Cambridge offer domestic partnerships. The following towns also offer similar protections: |
Michigan |
The following cities extend protections to domestic partners: Wayne County also offers similar protections. |
Minnesota |
The following cities offer protections to domestic partnerships: |
Mississippi |
Neither the state nor any municipality in the state provides specific rights to domestic partners. |
Missouri |
In the state of Missouri, the following cities offer protections to domestic partnerships: Jackson County also extends protections as domestic partners to residents of Missouri. |
Montana |
Montana limits domestic partnerships to state employees only. The city of Missoula and Missoula County both extend protections of domestic partners to residents. |
Nebraska |
Neither the state nor any municipality in the state provides specific rights to domestic partners. |
Nevada |
Neither the state nor any municipality in the state provides specific rights to domestic partners. |
New Hampshire |
All previous civil unions in the state were converted to marriages when same-sex marriages were legalized nationwide. |
New Jersey |
Under the 2004 Domestic Partnership Act, domestic partnerships are recognized statewide. Under this Act, domestic partners were offered similar protections to marriage. |
New Mexico |
New Mexico limits domestic partnerships to state employees only. The cities of Albuquerque and Santa Fe both extend protections to domestic partners. |
New York |
New York limits domestic partnerships to state employees only. The following towns, villages, and cities extend protections to domestic partners:
The following counties also extend similar protections: |
North Carolina |
Chapel Hill extends protections to domestic partners. The following counties also offered similar protections: |
North Dakota |
Neither the state nor any municipality in the state provides specific rights to domestic partners. |
Ohio |
The following cities and villages extend protections to domestic partners: The following counties offer similar protections: Cuyahoga and Franklin. |
Oklahoma |
Neither the state nor any municipality in the state provides specific rights to domestic partners. |
Oregon |
In Oregon, the following cities extend protections to domestic partners: Multnomah County and Benton County also offer similar protections. |
Pennsylvania |
In the state of Pennsylvania, protections are extended to domestic partners in the cities of:
|
Rhode Island |
The state of Rhode Island limits domestic partnerships to state employees only. Burlington City extends protections to domestic protections. |
South Carolina |
Neither the state nor any municipality in the state provides specific rights to domestic partners. |
Tennessee |
In the state of Tennessee, the cities of Chattanooga, Knoxville and the city-county government of Nashville-Davidson County extend protections to domestic partners who are employees of the city. |
Texas |
In this state, the following cities extend protections to domestic partners who are employees of the city: Travis County also extends benefits to domestic partners. |
Utah |
In Utah, the city of Salt Lake offers Mutual Commitment Registries to city residents. |
Vermont |
Vermont limits domestic partnerships to state employees only. The city of Burlington and the town of Middlebury extend protections to domestic partners within the state. |
Virginia |
Neither the state nor any municipality in the state provides specific rights to domestic partners. Virginia does not recognize common law marriages or domestic partnerships. |
Washington |
All domestic partnerships have been automatically converted into civil marriages within the state. However, there is one exception if the couple has at least one member aged 62 or older. The following cities extend benefits to domestic partners: The following counties extend similar protections: |
West Virginia |
Neither the state nor any municipality in the state provides specific rights to domestic partners. |
Wisconsin |
In Wisconsin, the following cities extend protections to domestic partners: Eau Claire and Milwaukee. The following counties extend similar protections: |
Wyoming |
Neither the state nor any municipality in the state provides specific rights to domestic partners. |
Each city and county can make its own rules on domestic partnerships. Consult with your city or county clerk’s office or a local family law attorney to learn more about domestic partner benefits where you live.
Get Legal Help with Your Domestic Partnership or Marriage
Domestic partnerships are less common today due to the legalization of same-sex marriage. However, many states still recognize these legal relationships and the benefits associated with them. State laws on domestic partnership differ by state. But there are some reasons why you might want a domestic partnership instead of a marriage license.
A family law attorney can help you make this decision. They can provide valuable legal advice to obtain your registered domestic partnership. They can also help in the event of the termination of a domestic partnership.
Can I Solve This on My Own or Do I Need an Attorney?
- Property and financial issues in domestic partnerships can be challenging
- Attorneys can draft a cohabitation agreement to solve any concerns
- You may need legal help with property division and child custody
Get tailored advice about the domestic partnership laws in your state. Many attorneys offer free consultations.
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Don’t Forget About Estate Planning
People in a domestic partnership should create or change their estate planning forms. Take the time to add new beneficiaries (including your partner!) to your will. Consider creating a power of attorney to ensure your partner can access your financial accounts. Also, a health care directive lets your partner make your medical decisions if you ever become incapacitated.
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.