Don’t Fall Into a Marriage With a Registered Domestic Partner

The state of California can recognize you and your partner as a couple without marriage. Through a registered domestic partnership, couples can receive state recognition of their relationship, while avoiding the formalities, traditions, or financial commitments associated with a typical wedding.

However, it is critical to know that registered domestic partnerships also come with the same legal obligations as a marriage.

What is a registered domestic partnership?

A registered domestic partnership is a legal agreement between two individuals in an intimate and committed relationship who want the same legal considerations as married couples. California law treats a registered domestic partnership as a marriage.

However, federal law does not recognize this arrangement. The couple cannot file their federal taxes jointly. Additionally, while spouses automatically inherit from each other if one dies without a will, registered domestic partners do not have access to each other’s Social Security benefits.

Why do some couples choose domestic partnerships?

California initially established registered domestic partnerships for two specific reasons. One was to grant rights to same-sex couples who could not legally marry until 2013. Another was for opposite-sex couples who were over 62 years old who wished to keep their individual Social Security benefits.

Various laws have altered the requirements for a domestic partnership over the years. The last change came in 2019 with Senate Bill 30 removing the 62-year-old requirement, allowing any couple over 18 years old to register as domestic partners.

Today, couples may opt for a partnership instead of marriage for many reasons. They include:

• Ability to quickly add one partner to the other’s healthcare insurance.
• Higher-income individuals may be pushed into a higher federal tax bracket if married.
• Personal beliefs against marriage.
• Avoiding wedding and other expenses associated with getting married.

How can you become registered domestic partners?

A registered domestic partnership differs from a regular domestic partnership because legal paperwork is filed. A regular domestic partnership is not considered a marriage under state law.

Couples must take the following steps to register as domestic partners in California:

• Meet the requirements. The couple cannot be married or related by blood. Both must be at least 18 years old (with some exceptions) and legally capable of consenting to the partnership.
• Complete the Declaration of Domestic Partnership. It costs $33 for couples under 62 years old and must be notarized.
• Submit the form in person at the Secretary of State’s Sacramento or Los Angeles offices or mail the declaration to the Sacramento office.
• Wait until the California Secretary of State approves your registration.

Once the Secretary of State approves a couple’s domestic partnership, the state considers them married.

How is marriage the same as a registered domestic partnership?

Under California law, married couples and registered domestic partners have the same:

• Rights
• Protections
• Benefits
• Responsibilities
• Obligations
• Duties

Although traditional vows may not be part of a registered domestic partnership, “till death do us part” is still relevant. Divorce for registered domestic partners is called a dissolution, and some of the legal consequences remain the same:

• Community Property – In a California dissolution, the court requires couples to split all property acquired by either partner during the partnership equally.
• Spousal Support – A judge may award spousal support to either partner in dissolution. The court considers the same factors they examine in a divorce.
• Parental Rights – Both parties are considered the legal parent of any child born during the partnership. The court may order either party to pay child support.

Conclusion

Registered domestic partnerships provide a valuable legal option for couples seeking the benefits of marriage. However, this partnership comes with responsibilities, and couples must understand the lifelong obligations and potential legal complexities it entails.

Discussing a prenuptial agreement with your partner or a postnuptial if you are already in a registered domestic partnership can help secure the relationship while easing the emotional and financial stress of a potential dissolution.

If you are considering registering as a domestic partner in California, experienced family law counsel can help guide you through the process.

Vanessa Soto Nellis is a Certified California Family Law Specialist at Lewitt Hackman.