{"id":56453,"date":"2020-10-22T12:30:48","date_gmt":"2020-10-22T12:30:48","guid":{"rendered":"https:\/\/www.marriage.com\/advice\/?p=56453"},"modified":"2026-03-10T06:43:07","modified_gmt":"2026-03-10T06:43:07","slug":"domestic-partnership-agreement-in-same-sex-relationships","status":"publish","type":"post","link":"https:\/\/www.marriage.com\/advice\/same-sex-marriage\/domestic-partnership-agreement-in-same-sex-relationships\/","title":{"rendered":"The Importance of a Domestic Partnership Agreement in Same-Sex Relationships"},"content":{"rendered":"\n

\"Gay<\/p>\n

As you may know, the US Supreme Court has extended, in 2015, the right for same-sex couples to marry – under the decision in Obergefell v. Hodges.<\/span><\/p>\n

The result was that some states fully allowed same-sex marriage, while others relied on offering legal recognition in the form of domestic partnerships and civil unions for such couples.<\/span><\/p>\n

Unlike marriage, domestic partnership agreements give limited state rights to couples who live together but don’t want to marry – or their marriage is prohibited by law.<\/span><\/p>\n

However, domestic partnerships are different from civil unions – the other form of legal recognition.<\/span><\/p>\n

Let’s take a look at the importance of such an agreement, especially when it comes to same-sex relationships.<\/span><\/p>\n

Keep in mind that you can be provided with much more information if you consult with a <\/span>family lawyer for domestic partners in same-sex relationship<\/span><\/a> and ask for their advice if you have any issues.<\/span><\/p>\n

<\/span>Domestic Partnership vs. Civil Union<\/span><\/h2>\n

\"Portrait<\/p>\n

The main difference between civil unions and domestic partnerships is that the latter are not legal in all American states.<\/span><\/p>\n

You can only be part of a same-sex civil union in New Jersey, Hawaii, Illinois, and Colorado.<\/span><\/p>\n

On the other hand, domestic partnerships are offered at a state or city level and may also make couples eligible for domestic partner benefits at certain companies or organizations.<\/span><\/p>\n

However, not all states have adopted broad types of domestic partnerships.<\/span><\/p>\n

For example, only Oregon and California have broad domestic partnerships that provide same-sex couples with almost all state-level spousal rights.<\/span><\/p>\n

Domestic partnership has emerged as a way for same-sex couples to get the same benefits as they would if they were married.<\/span><\/i><\/p><\/blockquote>\n

Through the domestic partnership, the couple can remain unmarried.<\/span><\/p>\n

Meanwhile, a civil union gives the couple legal recognition as they get the same legal rights as a real married couple. But unlike a married couple, a civil union doesn’t give them federal benefits. Still, a civil union will give couples the peace of mind that their relationship is legally recognized.<\/span><\/p>\n

<\/span>Why do same-sex couples get into domestic partnership agreements?<\/span><\/h2>\n

Some couples would rather want to get into a domestic partnership agreement, even if their state legalized same-sex marriage. Now, why could that be? Here are the main reasons for it:<\/span><\/p>\n

<\/span>1. To set property rights<\/span><\/h2>\n

One of the main reasons why same-sex couples get into domestic partnership agreements is to decide what will happen in case the couple get separated.<\/span><\/p>\n

Simply put, it will work as a decision of what will each party acquire in the event a separation occurs. It also sets who owns what.<\/span><\/p>\n

Therefore, in a way, it is pretty similar to a prenuptial agreement – that’s why so many couples seek it.<\/span><\/p>\n

<\/span>2. To avoid marriage tax penalty<\/span><\/h2>\n

Probably one of the most annoying things when it comes to being married is the tax penalty.<\/span><\/p>\n

This penalty pretty much affects married couples who earn similar amounts of cash during tax time. Tax penalty can easily ruin the happiness you’ve felt on your wedding day – so, getting into a domestic partnership is a better alternative, even if your state allows same-sex marriages.<\/span><\/p>\n

<\/span>3. They don’t want to marry<\/span><\/h2>\n

\"Tow<\/p>\n

In some cases, personal matters may come between you and the one you love.<\/span><\/p>\n

It could either be a religious matter, which doesn’t allow you to marry someone of the same sex, or it could be a family matter.<\/span><\/p>\n

Some families simply don’t like the idea of such a marriage, as they had their own expectations for their child and don’t allow anything else.<\/span><\/p>\n

Concurrently, some older same-sex couples may just not want to get married since it’s such a time-consuming and stressful process.<\/span><\/p>\n

Having said that, a domestic partnership is a good alternative to that. It’s not difficult to get, and you’ll pretty much get the same benefits as you would with marriage without going through such a big event.<\/span><\/p>\n