As the federal government legalized same-sex marriage in the U.S. in 2015, couples now have multiple options to reside together in a legal union. The most common legal union is marriage, which guarantees the couple a wide array of benefits. But another alternative is a domestic partnership. Couples can choose between marriage or domestic partnership, but both concepts have different processes, regulations, and benefits.

 

Here we'll talk about domestic partnership v marriage in California: what's the difference, and what's right for you and your spouse?

 

What is a Domestic Partnership?

The domestic partnership began as a mode of union between same-sex couples, which was the only way for them to legalize their relationship before recognizing same-sex marriage. Couples living in a domestic partnership enjoy several benefits accorded to married couples in California.

 

Difference Between Marriage and Domestic Partnership

You must understand both options before deciding what's best for you. Both have almost similar benefits, though married couples have federal rights that domestic partners don't.

 

Some key differences between the two are:

 

●    Recognition

Marriage is recognized in all 50 states, while domestic partnership isn't recognized in every state.

 

●    Employment Benefits

A few workplaces consider domestic partners as 'family' for employment benefits.

 

●    Petition

A non-citizen domestic partner cannot petition for citizenship, which is the case with married couples.

 

●    Inheritance

A married spouse can inherit their spouse's property tax-free upon their death. A domestic partner can only inherit by way of a will, and their assets will be taxable.

 

●    Social Security Benefits

Domestic partners, unlike married couples, aren't entitled to each other's social security benefits.

 

●    Termination

A domestic partnership is easier to terminate without going to court if the partnership has been registered for less than five years and there are no children.

 

A domestic partnership may be the right choice depending on your and your spouse's needs. To learn more about marriage and domestic partnership, seek help from a family lawyer like Jos Family Law.

 

Call (714) 733-7066 for a free consultation today. 

 

Company Name:- JOS Family Law

Address:- 1918 W Chapman Ave Suite 200, Orange, CA 92868, United States

Phone:- (714) 733-7066