In recent years, there has been a growing acceptance and recognition of different types of relationships beyond traditional marriage. One such type of relationship is a domestic partnership. While marriage is a legally binding union between two individuals, a domestic partnership offers many of the same benefits and protections as marriage, but without the legal formalities.
In New York, there has been some confusion and debate over the similarities and differences between domestic partnership and marriage. While both provide legal protections and benefits for couples, there are some key differences that can impact the rights and responsibilities of each partner.
This Eastcoastlaws.com article will explore the concept of domestic partnership and marriage in New York, outlining the similarities and differences between the two. We will also discuss the legal rights and obligations of domestic partners and spouses, and provide an overview of the requirements and procedures for entering into each type of relationship. Whether you are considering a domestic partnership or marriage, this article aims to help you understand your legal options and make informed decisions about your relationship.
What Is A Domestic Partnership?
In New York, a domestic partnership is a legitimate union between unmarried individuals who cohabitate. You must submit a notice of domestic partnership to the New York Secretary of State in order to establish a domestic partnership. Prior to New York’s 2011 legalization of marital equality, same-sex couples notably used to engage in this practice. Since legalization, there are significantly fewer domestic relationships in the state. For people who prefer not to marry or who are prohibited from doing so by state law, a choice is still an option.
Domestic partnerships and marriage have a few important differences in New York. One is that, unlike marriages, domestic partnerships are not recognized by the federal government. This implies that you will not be eligible to receive Social Security benefits or any other kind of government survivor benefit if you are in a domestic partnership and your partner passes away.
In New York, there is no waiting period before forming a domestic partnership, which is another distinction. Your notification of domestic partnership takes effect right away once you file it. Last but not least, even though there is no set age limit in New York to form a domestic partnership, you must be of legal age to do so. This implies, among other things, that you must be of sound mind and free from intoxication.
What Is Marriage?
The legal connection that the state recognizes as being between two persons is called marriage. You must apply for a marriage license from the state of New York in order to get married. You and your partner often need to show up in person at a clerk’s office, complete an application, and pay a fee in order to obtain a marriage license. You have 60 days from the time the license is issued to get married. The marriage license is signed by the officiant following the ceremony, and it is then returned to the clerk’s office for recording.
In New York, you must be at least 18 years old to get married legally. You can get married if you’re less than this age with your parent’s or guardian’s approval or with a judge’s approval.
Some other details of getting married in New York include the following:
- You do not need to be actively residing in New York to get married in the state.
- There is no waiting period to get married in New York once you have obtained your marriage license.
- You can have your marriage ceremony performed by various officiants, including priests, ministers, rabbis, and civil servants.
- If you are already married to someone else, you cannot get married again in New York unless you are legally divorced.
Is Domestic Partnership The Same As Marriage In New York?
No, domestic partnership is not the same as marriage in New York. While both provide legal recognition of a committed relationship between two people, they have different legal implications and benefits.
In New York, domestic partnership is a legal status that provides limited rights and benefits to unmarried couples, including the ability to make medical decisions for a partner, inheritance rights, and the ability to access certain employment benefits. A domestic partnership is available to both same-sex and opposite-sex couples who are over 18 years old and not married, and who meet certain eligibility criteria.
Marriage, on the other hand, is a legal union between two people that provides a broad range of legal protections, benefits, and responsibilities. These include inheritance rights, joint tax filing, spousal support, and the ability to make important decisions for each other. Same-sex marriage has been legal in New York since 2011.
While domestic partnership and marriage in New York both provide legal recognition of committed relationships, marriage offers a broader range of rights and benefits than a domestic partnership.
Legal Rights And Obligations Of Domestic Partners And Spouses In New York
In New York, domestic partners and spouses have different legal rights and obligations. Here are some of the key differences:
- Property Rights: When a married couple gets divorced, their property is divided according to New York’s laws on equitable distribution. This means that the property is divided fairly, but not necessarily equally. In a domestic partnership, however, each partner owns their own property and there is no automatic right to property division in case of a breakup.
- Inheritance Rights: In New York, spouses have the right to inherit from each other if one of them dies without a will. Domestic partners do not have the same automatic inheritance rights, but they can create a will or other estate planning documents to ensure that their partner receives their assets.
- Health Care Decisions: Spouses have the right to make medical decisions for each other if one partner is unable to do so. Domestic partners can also have this right if they create a healthcare proxy, which is a legal document that designates someone to make medical decisions on their behalf.
- Family Medical Leave: The federal Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid leave per year for certain family and medical reasons. This includes caring for a spouse or a child with a serious health condition. Domestic partners are not covered under the FMLA, but some employers may offer similar leave benefits.
- Taxes: Married couples in New York can file joint tax returns, which may result in a lower tax bill. Domestic partners cannot file joint tax returns and must file as single or head of household.
- Child Custody and Support: In cases where a child is born to a married couple in New York, both spouses are automatically considered legal parents. In a domestic partnership, however, the non-biological partner may need to adopt the child to have legal parental rights.
FAQs About Domestic Partnership Vs. Marriage In New York
What is a domestic partnership in New York?
A domestic partnership is a legal relationship that provides unmarried couples with many of the same legal rights and benefits as married couples. In New York, a domestic partnership can be registered with the city or state and provides benefits such as the ability to make medical decisions for a partner, inheritance rights, and access to family health insurance.
What are the requirements for registering a domestic partnership in New York?
In order to register a domestic partnership in New York, both partners must be at least 18 years old and not married or in another domestic partnership. They must also be able to prove that they are in a committed relationship and have been living together for at least six months.
How is a domestic partnership different from marriage in New York?
While domestic partnerships in New York provide many of the same legal rights and benefits as marriage, there are still some differences. For example, domestic partners do not have the same rights to federal benefits as married couples, such as social security survivor benefits. Additionally, while marriage is recognized in all 50 states, domestic partnerships may not be recognized in other states.
Can same-sex couples register a domestic partnership in New York?
Yes, same-sex couples can register a domestic partnership in New York. However, since the legalization of same-sex marriage in 2011, many same-sex couples have chosen to get married instead of registering a domestic partnership.
Can domestic partners adopt children in New York?
Yes, domestic partners in New York can adopt children together, although the process may be more complicated than it is for married couples.
How can a domestic partnership be terminated in New York?
A domestic partnership in New York can be terminated through a formal legal process or by simply ending the relationship. If the partners want to dissolve the partnership, they can file a termination statement with the city or state. If the partnership was registered with the city, they can also file a notice of termination with the city clerk’s office.