While domestic partnerships and marriage both identify partners as a couple in a relationship, they offer different legal rights and benefits. Here is everything you need to know about the difference between domestic partnership vs marriage in California.
What Is a Domestic Partnership?
In California, a domestic partnership is almost exactly like a marriage. With the exception of laws related to income taxes, any California law that refers to spouses, marriage, or uses the terms husband and wife, also applies to the domestic partnership and domestic partners.
Key Differences Between a Domestic Partnership and a Marriage
The key differences between a domestic partnership and a marriage revolve around the rights that are provided to couples. Married couples can transfer assets to each other without paying gift or estate taxes; domestic partners cannot do this.
In addition, a domestic partnership registered and recognized in California may not be recognized in other states or countries. Moreover, domestic partnerships are not recognized by the federal government. This means that:
- Health insurance benefits provided to a domestic partner are considered taxable income for federal purposes
- Transfers of assets or funds or inheritances between partners are also taxable
- Couples must file separate federal tax returns
- Partners are not entitled to receive Social Security benefits from each other and may not be beneficiaries for pensions
- You cannot petition for a non-citizen partner as a married couple can.
Legal Benefits of Marriage
Benefits that come with marriage are understood so commonly that often we do not think about them. There are significant benefits from the federal government that come with marriage, including the right to:
- Inherit
- Receive financial support from a spouse
- The division of marital assets upon divorce
- Sponsor a spouse for immigration
- Change your name to your spouse’s last name
- Receive Social Security, veteran’s, and pension benefits through your spouse
Related: Community Property Laws in California
How to Form and Dissolve a Domestic Partnership
Domestic partnerships are generally simpler to form and, in turn, are simpler to dissolve than marriages. Domestic partnerships are generally formed by signing a state registry and are generally dissolved by simple court orders or the filing of documents.
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