Sometimes the idea of marriage isn’t what a couple is looking for. Whether they don’t feel they are ready for such a big step, or they simply want an easier exit strategy should the relationship go south, Domestic Partnerships are a viable option.

Currently, only six states and Washington, DC legally recognize Domestic Partnerships. Several other states offer similar equivalents such as a reciprocal partnership or civil union. 

These partnerships come with certain benefits and advantages but do require a legal process to make them official. If you are considering a Domestic Partnership in New York, here’s what you need to know.

What is a domestic partnership in New York?

A domestic partnership is a legal relationship recognized by state law but not federal law. It is established when two parties who live together (male/female, male/male, female/female) enter into a formal agreement. Typically, the nature of the relationship is romantic as opposed to platonic.

The partnership is often established so that one or both parties can gain certain benefits that come with the union. Most often, these benefits are medical or financial in nature. Because it is a legal agreement, there are certain legal steps that the couple must take in order to form a domestic partnership, and terminating it is as easy as filing a statement.

Is domestic partnership the same as marriage?

From a legal standpoint, domestic partnership is not the same as marriage. While both are legal relationships between two people who cohabitate, there are some distinct differences. 

Marriage is recognized at both the state and federal levels and the couple has access to state and federal benefits. Domestic partnerships are only recognized at the state level.

The only way to terminate a marriage is through divorce or sometimes annulment. Termination of a domestic partnership does not require a lengthy divorce or even a legal separation. A domestic partnership is ended by one party filing a Termination Statement.

A domestic partnership does not mean that the parties are married. They may feel married, but in the eyes of the law, they are not. However, if the couple chooses to get married at some point, they would do it just like any other couple. They do not need to terminate the domestic partnership first.

How do you enter into a domestic partnership?

The legal process requires the couple to register a Domestic Partnership at the Office of the City Clerk. There are several steps:

  • Set an appointment at http://www.nyc.gov (both parties must appear so keep this in mind when scheduling)
  • Complete an application and submit it to the Office of the City Clerk either in person or online
  • At the scheduled appointment, both parties must appear in person and present an acceptable form of identification as well as the application fee of $35. The only forms of payment accepted are a money order payable to the City Clerk or a credit card)
  • The registration is completed when both partners sign the Domestic Partnership affidavit. And it is notarized. The City Clerk provides notarization services for Domestic Partnerships, free of charge.

In order to be able to register a Domestic Partnership, both parties must meet certain requirements:

  • Both parties must be New York Residents or one party is an employee of the City of New York on the date of registration
  • Both parties are at least 18 years old
  • Neither of the parties is married
  • The partners are not blood relations or related in such as way that would legally prevent them from being married in New York
  • The partners have a personal relationship that is close and committed
  • The partners cohabitate and have been living together on a continual basis
  • Both partners must truthfully provide an identical residential address when completing their application for the Domestic Partnership
  • Neither partner is currently  in a Domestic Partnership with someone else
  • Neither partner has been a party in a registered Domestic Partnership with another person within the previous six months

Once the application is filed and the fee paid, the application will be processed and the clerk will present the couple with an official Certificate of Domestic Partnership. They may purchase additional certificates at any time if they wish. The certificate is used as notice of a registered Domestic Partnership and may be presented when the parties are applying for any of the benefits and rights of the partnership.

What are the benefits of domestic partnerships in New York?

Because a Domestic Partnership is legally recognized in the state of New York, there are certain state rights and benefits that the parties are entitled to. Some of these rights and benefits include:

  • Childcare leave and bereavement leave for City employees
  • Visitation in juvenile detention and a city correctional facility
  • Visitation in facilities that are operated by the New York City Health and Hospitals Corporation
  • Eligibility for the domestic partners to qualify as family members and can be added by the New York City Housing Authority to an existing tenancy as a permanent resident
  • Eligibility to qualify as a family member entitled to succeed to the tenancy or occupancy rights of a tenant or coop in buildings under the jurisdiction of the Department of Housing Preservation and Development
  • Health benefits provided by the City of New York and employees and retirees and eligible members of their families pursuant to stipulation or collective bargaining
  • Right to visit their partner when the right is given to next of kin or a spouse at any healthcare facility, nursing home, rehabilitation center, or hospital

What rights does a domestic partnership not provide?

There are certain rights that domestic partners are not given. None of the federal benefits that are given to a married couple are given to domestic partners. Also, domestic partners are not spouses, so they do not qualify to receive state income tax advantages afforded to married couples. They also do not have any life insurance or inheritance rights if there is no will that specifically makes them a beneficiary. Domestic partners cannot take out insurance policies on each other and they are not given the spousal privilege and confidential marital communications, among others.

Additionally, the IRS will not allow an individual to claim their domestic partner as their only dependent and change their filing status to Head of Household. A domestic partnership does not carry that much weight with the federal government.

Does a girlfriend or boyfriend count as a domestic partner?

A domestic partnership is not a common-law marriage. A couple must go through the necessary application process and receive a Certificate of Domestic Partnership in order for it to be valid. Just having a boyfriend or girlfriend is not enough. The couple must meet the state requirements for the partnership, then officially file the application with the City Clerk.

How do you terminate a domestic partnership?

A Domestic Partnership can be terminated at any time by either party by completing a Termination Statement in person at the City Clerk’s office. Both parties must sign the Termination Statement although it is not necessary for them both to appear to file it. If one of the partners did not sign, the filing partner must notify them by Certified Mail, Return Receipt requested, and present the receipt for it with their completed and signed Termination Statement.

Domestic partnerships are not marriages, but they do carry many of the same rights as a marriage. This can include debt responsibility, property, and investments. If you are terminating a domestic partnership or want to draft an agreement with your prospective partner before entering into a Domestic Partnership, you need an attorney who understands New York law.

The Litvak Law firm has an experienced, highly trained, skilled team of lawyers who can help you ensure that your rights are protected. Call 718-989-2908 today for a consultation and find out how we can help you with your Domestic Partnership.