Family Law & Divorce · Haute Lawyer Network
What Is a Domestic Partnership?
Last reviewed: June 2026
A domestic partnership is a legally recognized relationship between two people who live together and share a domestic life but are not married.
The legal rights and protections associated with domestic partnerships vary enormously — from near-full marriage equivalency in some states and localities to minimal benefits in others.
Since the Supreme Court's Obergefell v. Hodges decision in 2015 recognized same-sex marriage nationwide, domestic partnerships are less commonly used by same-sex couples — marriage provides more comprehensive rights. Domestic partnerships remain relevant for couples who choose not to marry but want some legal recognition of their relationship.
Rights that may be available to domestic partners in certain jurisdictions include:
- Hospital visitation rights.
- The right to make medical decisions for an incapacitated partner.
- Access to family health insurance through the other partner's employer (employer-specific).
- Inheritance rights.
- Some parenting rights.
Frequently Asked Questions
Is a domestic partnership the same as a common law marriage?
No. Common law marriage — available in a limited number of states — is a legally recognized marriage arising from living together and holding out as married, without a formal ceremony or license. A domestic partnership is a separate legal status that does not create a marriage.
What rights does a domestic partnership provide?
It depends entirely on the state or local government that registered the partnership and the specific employer benefits offered. Domestic partnership rights are not standardized and may be significantly more limited than marriage rights.
Do domestic partnerships have automatic inheritance rights?
In most states no — unless state law specifically extends inheritance rights to domestic partners. Without a will, a domestic partner typically receives nothing under intestacy laws.
Can domestic partners adopt children together?
It depends on state law. Some states allow unmarried domestic partners to jointly adopt. Others require one partner to complete the adoption and the other to file a separate petition for second-parent adoption.
Can domestic partners file joint tax returns?
No. Under federal tax law, only married couples can file joint federal tax returns. Some states allow domestic partners to file joint state returns in states that recognize the relationship.
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