Domestic Partnerships
1. What Is a Domestic Partnership?
A Domestic Partnership is not always equal to marriage, but rather a varying legal status that depends on which state you live in. States, like California, that provide benefits to domestic partners require the partners to register with the state. California Family Code section 297 provides that “domestic partners are two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring.”
A domestic partnership is established in California when both persons file a Declaration of Domestic Partnership with the Secretary of State, and at the time of filing, all of the following requirements are met:
- Both persons have a common residence.
- Neither person is married to someone else or is a member of another domestic partnership with someone else that has not been terminated, dissolved, or adjudged a nullity.
- The two persons are not related by blood in a way that would prevent them from being married to each other in this State.
- Both persons are at least 18 years of age.
- Either of the following:
- Both persons are members of the same sex.
- One or both of the persons is/are over the age of 62 and meet the eligibility criteria under Title II of the Social Security Act as defined in 42 U.S.C. Section 402(a) for old-age insurance benefits or Title XVI of the Social Security Act as defined in 42 U.S.C. Section 1381 for aged individuals.
- Both persons are capable of consenting to the domestic partnership.
The definition of “common residence” means that both domestic partners share the same residence. It is not necessary that the legal right to possess the common residence be in both of their names. Two people have a common residence even if one or both have additional residences. Domestic partners do not cease to have a common residence if one leaves the common residence but intends to return.
2. Does My Employer Have to Offer Me the Same Benefits as a Married Person?
Not Necessarily. If the employer is in a state where domestic partnership is considered on equal footing with marriage, like California or New York, then there is a legal right to some sort of insurance coverage. However, most states do not have this protection and it is up to the employer’s discretion and should be negotiated between employee and employer. However, the benefit will always be less valuable because domestic partners must pay federal tax for their insurance coverage and do not get a tax break like married couples do.
3. Can I Still Get COBRA Coverage?
No. COBRA only covers spouses, but in California there is a state COBRA plan that does cover domestic partnerships.
4. Do Domestic Partners Have Community Property Rights?
Yes, In California. Unless otherwise stated in writing by the partners, all property or income earned during the partnership belongs to the partners equally. The rights take effect as soon as the partners are registered. The responsibilities associated with these rights include the equal sharing of community property debts and rights to manage and control the community property. For additional Tax and Property Information see http://www.ftb.ca.gov/individuals/faq/dompart.shtml
5. Can A Domestic Partner Seek Spousal Support?
Yes, in California. As long as that person can prove economic dependency prior to any kind of separation or termination of the domestic partnership.
6. Can A Domestic Partner Make Post-Death Decisions for their Partner?
Yes, in California. A Partner can make funeral arrangements, elect to have an autopsy performed, and decide if it is ok to donate organs.
7. In California it only Takes a Page to Terminate a Domestic Partnership, Right?
Not anymore. As of 2005, California requires a formal dissolution proceeding in court and is similar to a married couples divorce proceeding. This may require lengthy paperwork and possibly an attorney. However, there are some exceptions that allow for the termination without court proceedings that require all of the following to be true:
- partnerships that have no children and neither partner is pregnant;
- none of the partners own real property and if there is a lease, it must not be longer than a year;
- You do not have debts of over 4 thousand dollars that were incurred during the domestic partnership;
- You Do NOT have jointly owned asset, other than cars, that are worth more than 32 thousand dollars, and neither of the partners have individual assets over 32 thousand;
- The partners have a written agreement about how the assets will be divided, as well as debts, and a document has been signed that will complete the division;
- Both partners give up the right to support each other;
- Both partners have read and understand a brochure prepared by the California Secretary of State relating to the termination of your partnership.
The process takes about 6 months to complete from the date of the filing for a termination without court proceedings.
8. What if I do no longer life in California and want to Terminate my Domestic Partnership?
If you registered in California, and moved to another state then you can still terminate the domestic partnership in California. However if you never lived in California, then it is unlikely that you will be able to procure a normal divorce proceeding. At this point the law is murky and for issues over property and custody it is important to consult a lawyer.
9. What are the Costs to File in California?
There is a 10 dollar fee to file, unless it is a same-sex domestic partnership which requires an additional 23 dollar fee.
10. Helpful Links and Important Forms
Links
http://www.courtinfo.ca.gov/ :Helpful website for California court procedures
http://www.unmarried.org/ :A Informative Website that also offers links to other people interested in domestic partnerships, and is based on improving domestic partnership rights.
http://www.sos.ca.gov/dpregistry/ :The registry process and relevant forms for California Domestic Partnership.
http://www.ftb.ca.gov/individuals/faq/dompart.shtml :The California Franchise Tax Board site for Domestic Partners.
Forms & Brochures
http://www.sos.ca.gov/dpregistry/forms/sf-dp1.pdf
Dissolution of Domestic Partnership Form fl103.pdf
Response to a Dissolution of Domestic Partnership- Form fl123.pdf
Form and Brochure For Dissolution of Domestic Partnerhsip.pdf
Healthy Rights 