In California, couples can legally formalize their relationship through marriage or domestic partnership.
Both options provide certain rights and protections, but the differences between them can affect important aspects of life, from finances to legal recognition. If you’re deciding between these two paths, understanding the key differences can help you make the right choice for your relationship.
At Holstrom, Block & Parke, APLC, we’ve spent years helping couples navigate family law matters. We know that this decision can be both exciting and overwhelming, so let's break down what you need to know.
Difference in Eligibility Requirements
Let’s start with the basics, which are the eligibility requirements for both.
Marriage in California
To get married in California, both individuals must meet a few basic requirements. First, you both need to be at least 18 years old, though minors can marry with a court order and parental consent.
Also, you can't already be married to someone else, and the relationship can't involve close familial ties (no marrying your sibling, for example). Once these requirements are met, marriage is an option for all couples, regardless of sexual orientation.
Domestic Partnership in California
Domestic partnerships used to be limited to same-sex couples and opposite-sex couples where one person was over the age of 62. However, that changed in 2020.
Now, any couple, regardless of sexual orientation or age, can choose to register as domestic partners. To qualify, both individuals must be at least 18 years old, share a common residence, and be unmarried.
Legal Rights and Responsibilities
Now that we've covered the surface-level differences, let's get into the legal aspects of the two.
Similarities Between Marriage and Domestic Partnership
Marriage and domestic partnerships both provide significant legal protections. For instance, both types of unions give couples community property rights in California, meaning that any income earned or property acquired during the relationship is generally shared equally.
Domestic partners and married couples also have the right to make medical decisions for each other, inherit property, and access family leave benefits in the case of illness or death.
Key Differences in Legal Rights
Here’s where the differences start to become more noticeable. Marriage offers a broader scope of legal rights, especially when it comes to federal benefits:
Federal Benefits: Marriage is recognized at both the state and federal levels, which gives married couples access to federal benefits like Social Security spousal benefits and the ability to sponsor a spouse for immigration.
Domestic partnerships, however, are only recognized by the state. This means that domestic partners don’t have access to these federal perks, which can be a significant consideration.
Tax Implications: Married couples can file joint federal tax returns and potentially benefit from lower tax rates, while domestic partners cannot file jointly at the federal level. This difference can have a big impact, depending on your financial situation.
Inheritance and Property Rights: Married couples benefit from automatic inheritance rights and can transfer unlimited assets between each other without tax penalties. Domestic partners don’t have this luxury unless they create additional legal documents like a will or trust.
For couples who don’t rely heavily on federal benefits, a domestic partnership might meet their needs. But if you’re thinking long-term about tax planning, retirement, or immigration, marriage offers more comprehensive protection.
Property Division upon Termination
Let's take a brief look at the differences after the termination of a marriage versus a domestic partnership.
Marriage and Divorce
If a married couple decides to divorce, California’s community property laws dictate that all marital property be divided equally between both parties. This includes anything acquired during the marriage, like houses, cars, and savings accounts.
Domestic Partnership and Dissolution
Ending a domestic partnership can be a bit different. There are no automatic rules for dividing property, though courts will generally look at similar factors to those in a divorce.
That being said, without clear guidelines, there’s more room for disputes, which is why many legal professionals recommend having a written agreement (like a prenuptial or domestic partnership agreement) in place before entering into either marriage or domestic partnership.
Process and Portability
What is the legal process for both? While similar, there are some key differences you should know about.
Marriage
The process of getting married in California is fairly simple: you apply for a marriage license, have a ceremony, and file the paperwork. Your marriage will be recognized not just in California, but across the U.S. and federally.
Domestic Partnership
Registering a domestic partnership is an even simpler process. You file a form with the California Secretary of State, and once processed, you’re legally recognized as domestic partners.
However, the main difference here is portability. While marriages are recognized across state lines, that's not necessarily the case with domestic partnerships. If you move out of California, your domestic partnership might not be legally recognized in other states, so be mindful of that.
Let Our Family Law Specialists Advise You
Choosing between domestic partnership and marriage is a big decision that comes with lasting implications. At Holstrom, Block & Parke, APLC, we’re here to provide the guidance you need.
Our team can help you weigh your options and move forward with confidence.
Reach out to us today at (855)-426-9111 for a confidential consultation. We’ll make sure your relationship is built on a strong legal foundation.
