Domestic Partnership Registration and Benefits

Government Registration

Government entities increasingly give legal recognition to people who are unmarried but living together by allowing couples to register with government agencies as a "domestic partnership."

This allows you the formal recognition akin to a marriage certificate. In some places, simply registering allows same sex couples to visit each other in jail or hospital facilities and buy real estate jointly.

If you're registering a domestic partnership with a governmental entity such as a city, town or state, the registration may become public record.

Some governments also extend the same health care benefits to registered domestic partners that would be extended to the spouse of a government employee.

Employer Benefits

An increasing number of private employers offer employees domestic partnership benefits, which can include:

• Health care and other insurance eligibility
• Family leave for illness or bereavement
• Child care assistance
• Pension benefits given to spouses of employees

You can check with your employer's human resources department to find out what specific benefits might be available to domestic partners.

Eligibility Requirements

Although requirements vary greatly from one company to another, in order to be eligible, you must generally prove:

• You have lived together for a minimum period of time and intend to live together indefinitely
• You are at least 18 years of age and mentally competent
• You're not so closely related by blood that marriage would be impossible under local marriage laws
• You're not already married or in another domestic partnership
• You have a committed relationship and are responsible for each other's living expenses

Most companies and governments require your registration to be formally witnessed and sworn under oath, similar to a marriage certificate.

Tax Implications

If your domestic partner receives insurance benefits from your employer, and you don't provide more than 50 percent of your domestic partner's support, you may end up paying state and federal taxes equal to the cash value of the insurance. So it's a good idea to discuss the tax consequences with an accountant before applying for domestic partner benefits.

Terminating Domestic Partnership Benefits

If you split up, either partner can end a formalized domestic partnership by signing a termination of partnership document and notifying the other partner. If the registration was public record, the termination of the domestic partnership should also be public record.

If your domestic partnership registration included a statement that you and your partner were responsible for each other's living expenses, you'll probably want to immediately notify your ex-partner's creditors in writing that you'll no longer be responsible for his or her bills.

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