Domestic partnership allows couples to reside together in an intimate relationship without marriage. Domestic couples enjoy several benefits accorded to married spouses. However, there are some points of difference.
While California recognizes domestic partnerships, not all states do. So if you want to know more about Domestic Partnership v Marriage in California: What’s the Difference, read on.
What is a Domestic Partnership?
Domestic partnership was a means for same-sex couples to legalize their union before the landmark Supreme Court judgment in Obergefell v. Hodges in 2015. However, this option can still be exercised by couples who don’t want to get married. The benefits of domestic partnership include:
- Visitation rights in hospitals and jails
- Right to add a partner in a health insurance plan
- Family medical leave
Difference Between Domestic Partnership Marriage
Beyond the similarities, there are a few major differences between a marriage and a domestic partnership.
Firstly, domestic partners can’t claim each other as ‘family’, unlike married couples. This means that various rights accorded to married couples cannot be exercised by domestic partners, especially those at the federal level.
Domestic partnership isn’t recognized federally, which means domestic partners may not be able to inherit each other’s property upon death. Moreover, married couples can transfer unlimited assets to each other without tax. In contrast, domestic partners may have to inherit the other’s property by will, and that too subject to taxation.
Domestic partners also cannot petition their non-citizen partner in the US. Alternatively, a non-citizen who married a US citizen can petition for permanent residence.
Learn More About Domestic Partnership
Are you considering a domestic partnership? If so, you need an experienced family law attorney who can explain your rights and the procedures.
Call 714-733-7066 to request a free consultation with Jos Family Law.
