In California, same-sex couples and some opposite-sex couples can legally form domestic partnerships. It grants domestic partners the same legal rights, benefits, and protections, as well as the same obligations, duties, and responsibilities under State law in the same way that it does for married couples.
Same-sex couples have the option of being registered as domestic partners, which provides several benefits, including the right to make use of employee sick leaves for their ill partner or their partner's child, access to hospital visitation benefits, and several extra regulations on wills, family leave, and death benefits. Read on to find out more about how a domestic partnership works.
What Is a Domestic Partner Under California Laws?
Domestic partnerships are less prevalent and, as a result, are not as widely understood as marriage.
Marriages and domestic partnerships could appear similar at first glance. However, domestic partnerships show that two people have decided to live jointly in the same household with no marriage certificate.
Previously, most of those belonging to the LGBTQ+ community or same-sex partners who weren't allowed to legally get married chose to live together in domestic partnerships. There is no requirement for romantic involvement between domestic partners. They could just be two individuals who depend on each other and want to live together permanently.
A domestic partnership is formed when both parties involved file a Confidential Declaration of Domestic Partnership or a Declaration of Domestic Partnership. Previously, domestic partnerships were restricted to couples of the same sex and those over the age of 62. On the 30th of July, 2019, Governor Gaviv Newsom enacted SB 30, allowing couples of the opposite sex who are younger than 62 to form domestic partnerships.
The law was changed to give Californians more options for having partnerships that are legally protected. A California domestic partnership is no longer restricted to couples of the same gender exclusively; they are now open to opposite-sex couples.
Since domestic partnerships are not recognized by the federal government, any benefits given to a domestic partner are considered taxable income and are reportable. The amount of benefits given to the taxable employee is known as imputed income. Employees are not responsible for imputed taxes if they correctly claim their domestic partners as dependents under the Internal Revenue Service (IRS) regulations.
Why Do People Choose Domestic Partnerships?
Some people are put off by marriage because of the religious and Biblical connotations it often carries. Others feel more at ease honoring their vows in a less formal setting rather than one that is strictly documented with the typical marriage license.
Other individuals who have gotten married before may prefer to steer clear of the inadvertent judgment that comes with revealing the number of times they've been married. Another possibility is that persons who lost a spouse can feel that by forgoing another marriage, they are respecting the memories of their former spouse. Consequently, a domestic partnership in these situations becomes the best option.
Registering for a California Domestic Partnership
There are three ways you can register as domestic partners in California. You have three options for registering: through your workplace, the state, or your local government. To accomplish this, you will need to carry out the following actions:
Find Out If You're Eligible
The initial phase in filing for your domestic partnership is verifying that both of you fulfill all of the necessary conditions. To be eligible, you and the other party must:
- Have a common shared residency.
- Both parties cannot be involved in another active domestic partnership or marriage.
- Need to share the cost of living expenses.
- They must be at least 18 years old.
- They cannot be blood relatives.
Start the Application Procedure
You could schedule a meeting with the nearest Secretary of State or visit the Secretary of State's website to start the filing process. Here, you'll be asked to fill out certain paperwork, including a Declaration of Domestic Partnership.
Complete the Paperwork and Notarize the Signatures
After receiving the necessary forms from the California Secretary of State, you will then fill them out together with precision. Both partners must sign the Declaration of Domestic Partnership, which you then have to get notarized.
Pay the Necessary Fees and File
You can apply by handing it to the Secretary of State's office or mailing it with the appropriate fees already paid. The State will then get in touch with you and inform you once the procedure has been formalized.
What a Domestic Partnership Covers and Doesn't Cover
It's crucial to remember that although California now accepts a wider range of domestic partnerships, these partnerships are not recognized at the federal level. This means that in a partnership, you won't get all the benefits that married couples would, including:
- Adopting a child who was born outside the U.S.
- Possessing some of the privileges accorded to married individuals in jurisdictions that don't acknowledge the partnership.
- Sponsoring your partner who lives outside of the United States and is not a citizen.
- Sharing some employment perks subject to federal regulation that would be granted to a married spouse jointly.
Fortunately, all Domestic Partners now have access to similar legal protections that California formerly reserved for same-sex or opposite-sex couples above 62 years.
- They have the option to adopt the last name of their domestic partners or choose a name that includes the two people's last names.
- The rights and responsibilities under the law that come with raising children born during a domestic partnership.
- Protections are afforded to the living domestic partner if the other partner passes away.
- The option to include a domestic partner when receiving state health benefits.
- The possibility of adopting a child who was born to a previous domestic partnership.
- The legal right to possess community property.
As with other legal unions, it's crucial to first speak with a family law expert in your area, to completely understand your rights because the new California Domestic Partnership law still has some restrictions.
- The individuals cannot be related by blood, just like in a marriage.
- A person who is currently in a domestic partnership cannot enter into a new one. (It goes without saying that you are permitted under the law to marry your domestic partner).
- Anyone under 18 needs an order from the court or a parental consent letter that has been signed.
Domestic Partnerships and Community Property
In California, domestic partners now enjoy the same legal protections as married couples thanks to new domestic partnership benefits. This is because of advancements in domestic partnership legislation.
The rights to debts and community property in domestic partnerships were two of the changes that could have had the greatest influence. During the duration of the partnership as well as after it has been dissolved, each partner is liable for paying off the debts incurred by the other. Couples are also allowed to petition the legal system for help with property problems and must divide their common property equally.
Consequently, if you and your domestic partner conclude that you no longer wish to be in a partnership, each party will be able to keep half of the community property. Partners in a domestic partnership may also inherit assets upon the death of a partner. Additionally, if one partner passes away, the surviving partner has the right to file a wrongful death claim.
The Perks of a Domestic Partnership
Domestic partnerships were first established when marriage between people of the same gender wasn't federally allowed and several states sought to offer a choice that afforded couples similar rights.
Although same-sex marriage has gained legal recognition nationwide, domestic partnerships remain an option for individuals who prefer it. Couples who enter into domestic partnerships receive the following benefits:
- Disability and health care coverage.
- The California Family Rights Act allows for a 12-week leave period for caring for registered domestic partners.
- Community property ownership rights.
- To adjust to living with a child belonging to their domestic partner.
- Unemployment insurance.
- Rights relating to trusts, conservatorship, intestate succession, and wills.
- Visitation rights in hospitals and prisons.
- Parental obligations and rights granted in marriages.
- It is legal to ask for spousal maintenance after divorce.
The Drawbacks of Domestic Partnerships
Since these partnerships are accepted only by state laws, some federal benefits, such as tax benefits, are not available to this type of partnership. Challenges you may encounter vary according to the state. The following are some of the primary distinctions that, generally, may influence your decision to get into domestic partnerships:
- Domestic partners are not entitled to social security payments from their deceased partner.
- Adoption may not be an option for domestic partners.
- It is not possible for domestic partners to submit taxes jointly.
- Problems arising from the equitable distribution of property in the case of death or divorce.
- Likely, one partner won't be able to obtain permission for their non-citizen spouse to remain in the country.
These considerations should be taken into account while deciding if a domestic partnership is right for you.
Summary Dissolution
A California domestic partnership will be dissolved if both partners meet the following criteria. These include:
- Each of you wants to dissolve the domestic partnership.
- You have never had children together, either biological or adoptive, before or after your domestic relationship (and none of you are currently pregnant).
- You weren't registered as domestic partners for over five years since the date on which your domestic partnership termination notice was filed.
- You don't rent any property or buildings (except for the place where you currently reside, provided you don't have an agreement to lease for one year or have the option to purchase).
- Possess no real estate or building rights.
- You possess property purchased during the domestic partnership worth no more than $40,000 (cars excluded).
- Debts incurred after the start of your domestic relationship cannot total over $6,000. (auto loans are excluded).
- Acknowledge that neither of you desires the other's partner's support.
- Do not own any separate property valued above $40,000 (cars excluded).
- You have a documented contract dividing your assets (such as your vehicles) and obligations or stating there are no debts or community properties to divide.
Marriage Versus Domestic Partnership
While domestic partnerships offer many similar perks to marriage settings, there are also several restrictions on acts that apply only to married couples. For instance, if you are in a domestic partnership, you can't:
- Jointly file taxes with your domestic partner.
- Benefit from family insurance.
- Transfer property without paying tax on its value.
- Receive your partner's social security or government benefits.
- Assume equal ownership of the shared property upon divorce.
The termination of a domestic partnership can look very different from that of a marriage. There is a specific procedure that a married couple must go through when they divorce. In addition to dividing up joint property, the court should also decide on spousal maintenance.
The process of dissolving a domestic partnership is substantially simpler. The partnership can be dissolved by having one partner file the necessary paperwork with the relevant government agency. The other party doesn't need to agree or sign anything. The county clerk's responsibility is to inform the other party that their domestic partnership has ended.
Although this procedure might take up to six months to complete, it is typically much quicker than the divorce process, which requires a couple to have been living apart for a minimum of 6 months before the legal proceedings can start.
Frequently Asked Questions About Domestic Partnerships in California
Below are some of the commonly asked questions on domestic partnerships in California:
What Determines Your Eligibility for a Domestic Partnership?
When determining whether or not a couple is qualified for a domestic partnership in California, certain criteria are taken into consideration. Domestic partnership applications can only be submitted if both partners meet the following requirements:
- You both need to be at least 18 years old and consenting individuals.
- You can't be blood relatives.
- You must live together in a shared home and want to do so indefinitely.
- You must consent to splitting living expenses.
- Both partners cannot be involved in an ongoing domestic partnership or marriage currently.
Does California Consider Domestic Partnership to be the Same as Marriage?
No. While the state provides domestic partners with many similar privileges as married individuals, there are rigorous regulations governing the insurance, legal, and tax benefits that domestic partners can obtain through their partners. Unlike in a divorce, only one partner is needed to discontinue a domestic partnership. Domestic partners are not eligible for most perks available to married individuals.
Does California Consider Domestic Partners as Spouses?
The state of California recognizes domestic partnerships as having the same rights and obligations as marriages, but domestic partners aren't considered spouses under the law.
What Counts as a Domestic Partner in California?
Domestic partnerships are defined as "committed, intimate relationships between two consenting adults who choose to spend their lives jointly" under The California Family Code.
Do Domestic Partners in California Need to File Taxes Jointly?
No. In California, domestic partners are not permitted to file taxes jointly. This is among the main drawbacks of opting for a domestic partnership. Married individuals have the choice of filing their taxes separately or jointly. Domestic partners, nevertheless, are not entitled to the same tax benefits as married partners and need to file taxes separately.
Is a Domestic Partnership Subject to "Divorce"?
Although we don't necessarily consider ending a relationship before we start one, it is a sad reality that it could happen. Fortunately, there are specific circumstances in which a domestic relationship can be ended without the prospect of divorce hovering over your head. A partnership could be declared null under the following circumstances:
- If a couple has been living together as domestic partners for not more than 5 years and they do not have any children together, they can legally dissolve their partnership without involving the court.
But if you've been together for more than five years or you have children together, you should consult an attorney. This is because this legal procedure then becomes remarkably comparable to a divorce from a same-sex or married couple. You should create a prenuptial contract, to ensure that individual assets aren't automatically made community property during a divorce.
A domestic partnership can be dissolved in California by submitting a Notice of Termination to the local secretary of state, as opposed to a marriage, which needs to go through a divorce procedure. There is a good chance that the partners will need to proceed through a court dissolution process
A family lawyer can aid with the process of forming a domestic partnership, putting together prenuptial agreements, and even providing assistance if the partnership needs to be dissolved.
Find a Divorce Attorney Near Me
You and your partner should decide whether a marriage or a domestic partnership is best for you. Whatever you decide, the San Diego Divorce Attorney is here to assist you in moving forward with your future together. Call us today at 858-529-5150 to learn more about how we can help you.
