Domestic Partnership vs. Marriage: Key Differences You Need to Know
Explore the differences between domestic partnerships and marriage, including legal rights, financial benefits, and how to decide which option is best for you. 6 min read updated on December 28, 2024
Key Takeaways:
Marriage offers more legal and financial benefits than domestic partnerships.
Domestic partnerships are a flexible alternative to marriage.
Married couples can file taxes jointly, while domestic partners cannot.
Married couples have a stronger claim on inheritance, custody and medical benefits.
Dissolving a marriage can be a more expensive, time-consuming and complex process than a domestic partnership.
While most people are familiar with the institution of marriage, another alternative that is significantly popular in the U.S. is domestic partnership. From a legal perspective however, there are several differences between the two. So, for any couple in a committed relationship, understanding the legal and financial differences between domestic partnership vs marriage can help them choose the option that is most aligned with their personal needs and values.
What Is A Domestic Partnership?
A domestic partnership is a relationship between two people who live together and share a domestic life without being married to each other. In some states in the U.S. domestic partnerships are legally recognized.
This type of relationship became popular mainly among same-sex couples, who needed an alternative at a time when same-sex marriages were not lawful in the U.S. Today, domestic partnerships are common among both same-sex as well as opposite-sex couples.
From a legal perspective, domestic partnerships come with some, but not all, of the benefits and protections that a marriage does. For some couples, this could be a more favorable option if they do not want the legal, social and cultural implications of a marriage. In some cases, couples choose to remain in a domestic partnership for a time before deciding to marry each other.
What Is Marriage?
Marriage is a legally recognized union between two individuals. Unlike domestic partnerships, marriage provides a wide range of rights, benefits, and obligations for all parties involved. It is a more formal recognition of commitment between two individuals, and has played a significant role in our society both historically and culturally.
Another main difference between domestic partnership and marriage is that while domestic partnerships are recognized in some countries like the U.S., marriages are recognized in every country. There may be additional laws regarding marriages between individuals of two different faiths or same-sex couples depending on the country.
Most couples who choose marriage do so for many reasons–for some couples, religious, cultural and social values may play a part in their decision to choose marriage instead of domestic partnerships.
To some couples, marriage may be symbolic of a deep, emotional attachment and commitment towards each other. For other couples, the extensive legal rights and financial benefits (such as tax breaks, inheritance rights, medical benefits) may also be part of the reason why they choose marriage over domestic partnerships.
Legal Differences Between Domestic Partnership And Marriage
The main legal differences between domestic partnerships vs marriage are related to the rights and responsibilities of each of the individuals, the way these relationships dissolve and in some cases, the eligibility for each of these relationships.
Rights And Responsibilities: Domestic Partnership Vs Marriage
Since marriage is a legal union, married couples can make certain key decisions for one another, file taxes jointly and share benefits, sponsor immigration for one another, etc.
Domestic partnerships on the other hand are usually excluded from these legal rights and responsibilities. Couples in domestic partnership may not have the right to automatically make medical or financial decisions for one another, unless they have a valid legal document that allows each other to do so.
Eligibility And Requirements For Marriage And Domestic Partnership
In order to enter into a marriage, there are usually several criteria that individuals have to meet. Some of these criteria may also vary depending on laws on interfaith and same-sex marriages.
Aside from these requirements, marriages also require a legal ceremony and a marriage license. Domestic partnerships on the other hand may only require registration with a government agency.
Dissolution Of A Relationship: Domestic Partnership Vs Marriage
When a domestic partnership ends, the process of officially terminating the relationship is usually a very simple one.
In case of marriages however, the process of terminating the relationship requires a legal divorce, court proceedings, distribution of wealth and custody of children (if there are any). It is usually a more complex process, and can be both time-consuming and costly, depending on the situation.
Financial Implications Of Domestic Partnership Vs Marriage
Aside from legal implications, both domestic partnerships and marriages have very different financial implications for the couple.
Tax Benefits And Obligations
As we mentioned earlier, when a couple chooses to get married, they have the option to file taxes jointly and enjoy the benefits. This is not the case for those in a domestic partnership, since such a union is not legally recognized by the IRS. Because of this, couples in a domestic partnership may miss out on significant tax benefits.
Inheritance And Estate Planning
When it comes to inheritance rights, married couples generally have a stronger legal claim on one another than those in a domestic partnership do. The only time couples in a domestic partnership can have strong legal claims in regards to inheritance is if they have stipulated the transfer of wealth accordingly in their wills.
Health And Insurance Benefits
Most employers offer health and insurance benefits to the spouses of employees. For this reason, marriage is a more practical choice for many couples. While some companies do offer similar benefits to those in a domestic partnership, it is generally not the norm in most industries.
Social And Personal Considerations Influencing Marriage And Domestic Partnerships
In addition to the legal and financial implications, for many couples, social and cultural factors can influence their decision on whether they want to marry or enter into a domestic partnership. For other couples, personal values and lifestyle choices are the main influencing factors.
Cultural And Religious Factors
Since the institution of marriage has historically been rooted in cultural and religious practices, some couples may choose to marry each other if they share the same beliefs and values. However, for many couples, a domestic partnership is a more inclusive and secular alternative.
Family And Social Acceptance
While any union–be it a marriage or a domestic partnership–is a very personal choice for the individuals involved in the relationship, family and friends can often influence the final decision. In some families and social circles, marriage may be more readily accepted. In other cases, a domestic partnership may be approved as a more modern and flexible alternative.
At the end of the day, it is up to the couple to decide for themselves how they want their relationship to move forward, and how they would like their family to respond to their union.
Emotional And Personal Commitment
For many couples, the choice between a domestic partnership and marriage is more symbolic than cultural or religious. For these couples, marriage may be the “end goal” or the final step towards a lifelong commitment.
It is not uncommon for couples to initially stay in a domestic partnership for a period of time–sometimes for years–before making the decision to marry each other as a symbolic action of their love, attachment and commitment towards one another.
Domestic Partnership vs Marriage in California
Some states in the U.S. legally recognize both marriages and domestic partnerships. California is one such state, however there are differences in how laws regarding taxation and federal benefits apply for both.
In general, California grants domestic partnerships many of the same rights that marriages are granted, usually in regards to property laws and parental rights.
Couples residing in California should therefore carefully familiarize themselves with the laws around domestic partnerships and marriages, and decide for themselves which would be the best option for them.
Final Thoughts: Choosing Between Domestic Partnership And Marriage
Understanding the main legal and financial implications of domestic partnerships and marriages is very important for any couple who have decided to make a lifelong commitment towards each other. While marriage is deeply ingrained in the cultural and legal fabric of our society, domestic partnership is also a very flexible, inclusive and secular option for those who value modern thoughts and lifestyles.
At the end of the day, it is up to the individuals in a relationship to decide what is best for them, and how they envision their life together.
FAQ
What are the disadvantages of a domestic partnership?
Domestic partnerships generally do not provide the wide range of legal and financial benefits of marriage.
Do domestic partners pay less taxes?
Domestic partners may pay higher taxes as they cannot legally file joint federal tax returns.
Does the IRS recognize domestic partners?
No, the IRS does not recognize domestic partners.
Can I add my girlfriend to my health insurance if we live together?
Most employers only extend health insurance benefits to the spouses of employees. It is advisable to check with your employer if your domestic partner can be added to your health insurance benefits.
