Domestic Partnership Vs. Marriage: What Is the Difference?
More couples are now starting to embrace other forms of relationship and partnership outside of traditional marriage. According to Pew Research Center analysis of the National Survey of Family Growth, 59% of adults ages 18 to 44 have lived with an unmarried partner at some point in their lives.
Many employers are also now offering health insurance benefits to domestic partners, a move that encourages this type of partnership. Will County divorce lawyer Sarah Vahey says while domestic partnerships are not universally recognized across all states, it’s preferable because when the relationship ends, the couple may not need the intervention of a lawyer.
Let’s look at the legal recognition, rights benefits, financial implications, and dissolution process between domestic partnership and marriage.
Legal Recognition
Domestic partnerships are usually registered at the state level, offering some legal protections to unmarried couples, but they don’t hold the same weight as marriage in the eyes of the law. Marriage, on the other hand, is a legally recognized union that gives couples a comprehensive set of rights and benefits at both the state and federal levels.
If you will weigh the advantages of a domestic partnership vs marriage, it is worth noting that while domestic partnerships offer some legal recognition, they often don’t grant the same extensive range of rights and protections as marriage does.
These rights include inheritance rights, tax benefits, medical decision-making authority, and spousal benefits such as Social Security and health insurance coverage.
Rights and Benefits
As mentioned, marriage and domestic partnerships differ in a lot of ways when it comes to rights and benefits. Marriage offers a wide range of federal and state benefits, including tax breaks, Social Security benefits, inheritance rights, and medical decision-making authority. These benefits are often automatically granted to married couples without the need for additional legal documentation.
Although domestic partnerships offer some of the same rights and benefits as marriage, they aren’t as universally recognized. The rights and benefits of domestic partnerships vary by state and may require additional paperwork to access certain privileges.
For example, domestic partners may need to create legal documents to have the right to make medical decisions for each other or to inherit property.
Financial Implications
When you’re in a domestic partnership, you may not have the same tax benefits and protections as married couples. For instance, you wouldn’t be able to file joint tax returns or inherit assets without paying taxes. Domestic partners also often lack the same rights to spousal benefits like Social Security or pension plans.
Generally speaking, marriage usually offers more financial security and benefits. Married couples can take advantage of tax breaks, health insurance coverage, and survivorship benefits automatically. In the event of a spouse’s death, the surviving partner is entitled to inherit assets without being subject to estate taxes. Oftentimes, married couples are also eligible for spousal benefits under several government programs.
Dissolution Process
Though state regulations may affect the process, terminating a domestic partnership usually resembles divorce. Usually, you have to file a petition with the court, detailing the reasons for the dissolution. In some states, there may be specific requirements, like mediation, before proceeding to court.
While ending a marriage, couples have to go through divorce proceedings, which are governed by state laws and may require a legal separation period before filing for divorce. The process consists of filing a petition, serving the spouse, and possibly attending court hearings. Common issues addressed during a divorce are division of assets, debts, and child custody arrangements.
Public Perception
Public opinion often shapes societal views on the differences between domestic partnerships and marriage. How others perceive a relationship can also affect how they feel about it. While marriage is traditionally seen as a more serious and committed union, domestic partnerships may be viewed as less formal or temporary. You can expect your relationship to be welcomed differently by friends, family, and society in general, depending on their views.
In some circles, domestic partnerships are seen as a stepping stone towards marriage, while others see them as an alternative for couples who prefer not to marry. Public perception can also affect legal rights and benefits, as marriage is often more widely recognized and supported by laws and institutions. This can cause differences in areas such as healthcare, taxes, and inheritance rights.
Conclusion
The main differences between domestic partnerships and marriage lie in legal recognition, rights and benefits, financial implications, dissolution processes, and public perception.
While both partnerships offer some level of commitment and partnership, marriage offers more legal protections and benefits. These factors have to be taken into account when deciding which option is best for you and your partner. In the end, the choice between a domestic partnership and marriage should be based on your personal needs and preferences.
