Although a marriage and a domestic partnership may seem similar, they're both unique in their ways. The major points of difference arise in the requirements and benefits under each.
That said, both are quite similar in certain aspects. Both are recognized as legal relationships and have a common process when it comes to ending the relationship. Under marriage, the couples are referred to as spouses, while under a domestic partnership, they're called partners residing together but not married. Such a cohabitation involves certain responsibilities, such as the sharing of bills and other finances, but there are certain exclusions in benefits received under marriage and domestic partnership.
So let's look at Domestic Partnership v Marriage in California: What's the difference?
Difference Between Domestic Partnership Marriage
Marriage is defined as the cohabitation of two married individuals who have consented to live together under a civil contract. Such consent must be followed by the issuance of a license, solemnization, and authentication for the marriage to be deemed valid under the law.
Meanwhile, California law defines a domestic partnership as "two individuals who share each other's lives in an intimate and committed relationship of mutual caring". It's the willingness of two parties to reside together without the tag of marriage.
Legal Rights Benefits
Married couples have social security and insurance benefits and enjoy tax pension exemptions.
Domestic partners also have various legal rights that are similar under marriage. In California, domestic partners have visitation rights in hospitals or jails, shared health benefits, and the right to bereavement leave. However, the point of difference arises in federal benefits, as domestic partnership isn't recognized at the federal level. This includes no social security benefits and tax payment upon any property transfer between the partners.
Speak to a Family Lawyer in Orange County
At Jos Family Law, we help clients make informed decisions when it comes to their families. We specialize in all areas of family law and can assist domestic partners to terminate their partnership and resolve issues like child custody support, alimony, and property division.
Call (714) 733-7066 to speak to one of our attorneys today over a free initial consultation.
Company Name:- JOS Family Law
Address:- 1918 W Chapman Ave Suite 200, Orange, CA 92868
Phone:- (714) 733-7066