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What Is the Difference Between Domestic Partnership and Marriage?

Apr 12, 2023

 

 

Domestic partnerships came of age at a period when same-sex weddings were not permitted. Some states still recognize them for unmarried couples who qualify and want to take advantage of some of the same privileges as married couples. So, what exactly is the difference between domestic relationships and marriage?

What you will discover:

What exactly is domestic partnership?
What exactly is the difference between domestic relationships and marriage?
Why would I choose a domestic relationship over marriage?

Married couples are entitled to state and federal privileges and protections. A married pair, for example, may submit a combined tax return. Married couples may also get social security and life insurance benefits. Domestic partnerships, or unions between couples in a committed relationship but not married, gained popularity in states that wished to offer same-sex couples with the same or equivalent legal protections and advantages as married opposite-sex couples.

This was true until the United States Supreme Court ruled in Obergefell v. Hodges that same-sex marriages were equivalent to opposite-sex marriages. While domestic partnerships are no longer required as a consequence of the Obergefell ruling, they still exist as a mechanism for unmarried couples to obtain the same or comparable rights as married couples in states where they are still recognized.

Table of Contents

      • What exactly is domestic partnership?
      • What exactly is the difference between domestic relationships and marriage?
      • Why would I choose a domestic relationship over marriage?
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What exactly is domestic partnership?

A domestic partnership is basically an alternative to marriage for devoted couples. It enables you to specify your marital status. If you qualify and your state, county, or municipality recognizes domestic partnerships, you and your partner will be entitled to some of the same privileges as a married couple.

Domestic partnerships may enable you to join your spouse to your health insurance plan, but you will almost certainly need to present evidence of commitment, such as a shared bank account, as needed by a government or private body. This distinguishes domestic partnerships from marriage, which does not need you to produce any evidence of commitment other than a marriage certificate.

A Domestic Partnership Agreement may be used to lay out the financial, property, health, and medical specifics of your partnership.

What exactly is the difference between domestic relationships and marriage?

Domestic partnerships may give some of the same advantages as marriage, but there are still significant distinctions between this kind of relationship and marriage. Marriages often provide greater perks and protections than domestic partnerships.

Marriage is recognized in all states (and in most other nations), however domestic partnerships are not recognized in the majority of states in the United States.
Domestic partners are not legally considered “family,” yet some workplaces and businesses may provide domestic partners the same privileges. Even if your state does not recognize domestic partnerships, your company may enable your partner to obtain employment benefits.
Domestic partnerships are not recognized on the federal level, thus you cannot file for a non-citizen partner in the same way that a married couple may.
When a married couple dies, they immediately inherit each other’s assets, and these assets are inherited tax-free. Domestic partners, on the other hand, do not fall under this category. You may inherit your partner’s assets via a will, but you will have to pay taxes on them.

Why would I choose a domestic relationship over marriage?

Domestic partnerships are not nationally recognized and are not recognized in the majority of states, so you may be wondering why someone would choose to register as domestic partners rather than marry. There are not many advantages for domestic partners that married couples do not have. In fact, married couples get greater advantages than domestic partners. Every relationship, though, is unique. If marriage is not an option, but a couple in a committed relationship is allowed to register as domestic partners and wants to take advantage of the privileges that come with it, then making that decision makes perfect sense.

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