TDC Family Law
  • Home
  • PRACTICE AREAS
    • Divorce
    • Spousal Support
    • Child Support
    • Child Custody
    • Visitation
    • Complex High Asset Divorce
    • Contempt of Court
    • Paternity
    • Mediation Coaching
    • Alternative Dispute Resolution - Mediation and Collaborative Divorce
    • Parenting Coordination
  • Bio
    • Certified Family Law Specialist
    • What to Expect
  • Blog
  • FAQ
    • What does the area of Family Law cover?
    • Things To Do After a Divorce is Finalized
    • Annulment
    • Attorney Fee Awards in California
    • Community Property
    • Difference Between Guardianship and Adoption
    • Difference Between Marriage and Domestic Partnership
    • Difference Between Physical and Legal Custody
    • Divorce Process in California
    • Domestic Violence
    • Go to Court for Spousal or Child Support
    • Legal Grounds for Divorce in California
    • “Move Away” After Divorce
    • No Fault Divorce
    • Parenting Plan
    • Residency Requirements for a Divorce in California
    • Summary Dissolution
    • Supervised Visitation
    • The impact of the Tax Cuts and Jobs Act (TCJA) of 2017 on Divorce
    • What does it mean to have a fiduciary relationship to your spouse?
    • What is a Request for Order Hearing?
  • Resources
  • Contact

​What is the Difference Between Marriage and Domestic Partnership

What is a domestic partnership?


In California, a registered domestic partnership allows a couple to receive the same rights and benefits as a married couple.  The rights granted to a domestic partnership include, but are not limited to:
​
  • Making health care decisions under certain circumstances
  • Hospital and Jail visitation rights equal to that of blood relatives or married couples
  • Access to a family health insurance plan
  • Family Leave
  • Stepparent adoptions
  • Access to Survivor Pension benefits
  • Taking a partner’s surname
  • Community property rights, the right to partner support, and child support and parenting time after the dissolution of a domestic partnership

Federal Law Does Not Recognize Domestic Partnerships


The differences lie in how a couple is treated outside of the State of California.  Federal law does not recognize a domestic partnership, so when it comes to federal laws and programs, the couple is not treated as married.  Social Security is a federal program, so individual's benefits are based on being not married.  There are also some federal tax advantages and penalties that are in place for married couples.  Any tax advantages that a married couple would be able to benefit from are not available to people who are entered into a domestic partnership.

While all other states recognize marriages from any state, domestic partnerships are not universally recognized across the country, so if you travel to or move to a state that doesn’t recognize a domestic partnership, you will lose rights, such as being able to make medical decisions in the case of an emergency.

Before same-sex marriages were recognized by all 50 states with the Obergefell decision, many same-sex couples would opt to register for domestic partnerships.  With same-sex marriage recognized in all 50 states, couples can opt for marriage to gain all of the federal benefits.

Are there reasons to opt for a domestic partnership?  Many people prefer the domestic partnership to avoid the federal marriage penalty tax.  If you are considering a domestic partnership rather than a marriage, you should consult with a certified family law attorney to discuss the pros and cons of each option. 

Search TDC Family Law

Find us on FACEBOOK
Find us on GOOGLE
10.0Tracy Duell-Cazes
Tracy Duell-CazesReviewsout of 10 reviews
Law Pay Logo
© 2021 TDC FAMILY LAW  All Rights Reserved.
Disclaimer - Privacy Policy 
1530 THE ALAMEDA, SUITE 108
SAN JOSE, CALIFORNIA 95126
TEL: 408-267-8484/FAX: 408-267-8489
www.TDCFAMILYLAW.COM


Santa Clara County/San Mateo County San Jose, Santa Clara, Cupertino, Los Altos, Sunnyvale, Los Gatos, Monte Sereno, Saratoga, Palo Alto, Morgan Hill, Gilroy, Redwood City


DIVORCE/CHILD CUSTODY/CHILD VISITATION/CHILD SUPPORT/SPOUSAL SUPPORT/PERSONAL PROPERTY AND REAL PROPERTY DIVISION/CONTEMPT/MODIFICATIONS/DCSS/COURT APPEARANCES/PRIVATE SETTLEMENT JUDGE/EX PARTE MOTIONS/DOMESTIC VIOLENCE/RESTRAINING ORDERS/BUSINESS MATTERS/CONSULTING ATTORNEY IN MEDIATION/ REGISTERED DOMESTIC PARTNERS (RDP) AND SAME SEX MARRIAGES
Website updated and maintained by Boxer Media Services Corp.
  • Home
  • PRACTICE AREAS
    • Divorce
    • Spousal Support
    • Child Support
    • Child Custody
    • Visitation
    • Complex High Asset Divorce
    • Contempt of Court
    • Paternity
    • Mediation Coaching
    • Alternative Dispute Resolution - Mediation and Collaborative Divorce
    • Parenting Coordination
  • Bio
    • Certified Family Law Specialist
    • What to Expect
  • Blog
  • FAQ
    • What does the area of Family Law cover?
    • Things To Do After a Divorce is Finalized
    • Annulment
    • Attorney Fee Awards in California
    • Community Property
    • Difference Between Guardianship and Adoption
    • Difference Between Marriage and Domestic Partnership
    • Difference Between Physical and Legal Custody
    • Divorce Process in California
    • Domestic Violence
    • Go to Court for Spousal or Child Support
    • Legal Grounds for Divorce in California
    • “Move Away” After Divorce
    • No Fault Divorce
    • Parenting Plan
    • Residency Requirements for a Divorce in California
    • Summary Dissolution
    • Supervised Visitation
    • The impact of the Tax Cuts and Jobs Act (TCJA) of 2017 on Divorce
    • What does it mean to have a fiduciary relationship to your spouse?
    • What is a Request for Order Hearing?
  • Resources
  • Contact