Domestic Partnerships in NYC
The NYC Department of Health defines a domestic partnership as "a personally intimate and committed relationship between two people who are not married, but which bears many of the characteristics of a marriage." An intimate and committed romantic relationship is one of the key requirements of a domestic partnership in NYC, but domestic partnerships differ from marriages in a few ways, including the following:
• NYC residents who are eligible for marriage can also establish a domestic partnership with a person of the same sex or opposite sex, provided the couple does not already have a legal relationship under another law.
• An NYC domestic partnership does not require that a couple have financial ties to each other , but a couple must share a residence for at least six continuous months before registering. If they do not yet reside together, they may register as domestic partners anyway but must live in the same residence together for at least six months before receiving any benefits.
• Domestic partnerships are not recognized in every state. In fact, it’s important to understand that domestic partnerships that are valid in NYC may or may not be valid in other jurisdictions. This means a couple cannot simply move out of New York City and expect their domestic partnership to remain intact or their rights as a couple to be the same in a new state. Domestic partnerships that are established in NYC might be valid in a handful of other states, but definitely not all.
Marriages in NYC: An Overview of the Law
In New York City, marriage is legally defined as the union of two individuals who must each be at least 18 years of age and not currently married to any other person, unless the prior marriage has been validly terminated. In this case, a universally recognized divorce verdict is necessary. Domestic relations law in New York requires that both spouses present photo identification and proof of residency in New York State when applying for a marriage license. If previously married, then both parties must also provide certified divorce decrees. The length of the process to obtain a marriage license in New York does not exceed 24 hours. The marriage certificate must then be obtained within 60 days of the marriage ceremony.
The primary obligations implicit in the legal process of marriage include the provision of financial support and child care to any offspring, the right to carry health insurance benefits for the family, and the right to take part in estate division. If either party is found to be unfaithful, a lengthy jury trial and costly divorce hearings are then to be expected.
Legal Rights: Domestic Partnership Versus Marriage
There are critical differences in the legal rights of domestic partners and married couples – differences that can make the decision of one option over the other a significant, even all-encompassing factor. In New York City, these differences include:
Inheritance and Estate Tax Advantages
New York City grants certain inheritance and estate tax benefits to domestic partners. Domestic partners do not have to provide an inheritance or pay estate taxes on such an inheritance. This benefit is not granted to other unmarried individuals.
Health Insurance and Benefits
In 2004, the State of New York passed the New York State Domestic Relations Law which allows health and life insurance providers to extend health and other benefits to domestic partners. This means that partners can receive health benefits from one another’s insurance coverage. This benefit is not available to those in other types of unmarried relationships.
Child Custody and Support
Unmarried partners who share children may split custody of any child they have. On the other hand, married partners are granted presumption that they are responsible for the care of their child. If one parent is awarded primary custody of the child, the other parent is legally obligated to pay child support. In NYC, domestic partners have similar custodial obligations, but they are not guaranteed the right to see their child once custody is awarded to the other parent. In addition, they are not legally obligated to pay child support as married partners are. In the case where a child is the biological offspring of a domestic partner, that partner is no longer guaranteed the right to see the child.
Monetary Rewards and Limitations
When it comes to financial benefits, marriage in New York City has the upper hand over domestic partnership. With marriage, for example, you are entitled to spousal benefits on Social Security, which domestic partners are not.
The tax benefits to married couples extend beyond Social Security, as well. Under U.S. tax code, if one spouse earns a significantly higher salary than the other, the higher earner can claim more deductions and/or exemptions to lower their tax burden. This is not an option available to domestic partners.
Some of the shared finances that you would expect through marriage include:
As with any financial opportunity, there are potential downsides. Domestic partners have the right to be financially responsible for their partner’s debts, which means creditors can pursue domestic partners for outstanding accounts. Although this is not an issue with marriage, once a divorce occurs, you can’t be held accountable for your spouse’s debt.
Social and Cultural Implications
Navigating the waters of domestic partnership vs marriage may be a complex legal issue, but there also exists a social and cultural perception about the two that stems from the historical context of how, who, and where a person can freely marry. While New York City is viewed as a highly progressive city, other parts of the country are still rooted in traditional notions of marriage, which can create challenges for couples looking to establish legal recognition for their relationship. For many Asian-Americans, the notion of "face" is an important characteristic that influences every aspect of their personal and professional lives. Marriage is often not just a romantic union but viewed as the joining together of two families. While many young couples may desire to marry outside of traditional constraints, they often face familial disapproval and feel pressured to only marry into families that are socially or culturally acceptable. Asians tend to marry within their ethnic group, as a response to societal and familial pressure. Those who question these norms often confront harsh criticisms, and therefore the option for many in this group is to try to maintain normalcy by following expected patterns . Moreover, if someone is choosing to cohabitate, but not marry, they can be ostracized by those in their community as "abnormal." Hispanics, on the other hand, while having a cultural viewpoint that appears to be at odds with those of the Asian community, have similar perceptions about living in multicultural communities. The fear of being judged or ostracized by those in their culture who still follow traditional marriage patterns often discourage Hispanics from choosing legal unions that benefit their interests. Unfortunately, non-traditional marriages like domestic partnerships still have trouble finding acceptance by those who still think of marriage as a sacred covenant between one man and one woman that is only recognized by a church. While same-sex marriage was recently legalized in the United States, many still feel that judges cannot truly validate their relationship nor should they have to wait for it through the courts. The choice of one legal arrangement over another may therefore be couched in one’s cultural or religious orientation, though many do not need to consider this profoundly personal decision when it comes to deciding whether or not to pursue a domestic partnership.
Shifting From Domestic Partnership to Marriage Procedures
Transitioning from Domestic Partnership to Marriage in NYC
Couples who previously entered into a domestic partnership as opposed to a valid marriage by New York State law are free to "upgrade" their choice and enter into a marriage now that same-sex marriage is legal in New York State. Thankfully, the process of ending a domestic partnership and transitioning to a lawful marriage is relatively simple. Interested couples should consider working with an experienced matrimonial attorney to help transition if: they wish to have the domestic partnership recognized in other jurisdictions or to make sure that the process of transition does not affect their current support obligations due to time elapsed since they entered into the partnership; there are children from the relationship entering into the domestic partnership; there is any property that may need to be divided; and/ or spousal support or alimony is desired. Since adoption or establishing fathers’ rights through a DNA test is not required for the partner bringing a child into the domestic partnership, there may also be an interest in having the adoption recognized legally. In NYC, there are a few steps that will always need to take place when ending a domestic partnership and transitioning to marriage.
First, the couple must sign and complete a Notice of Termination form. Without it, the Partnership will not be ended. One partner is the submitting spouse (the one who terminates the domestic partnership) and must file the Notice of Termination in the proper office in the city, including providing a copy of the domestic partnership agreement. The other spouse must sign the document as well. After 30 days, the domestic partnership will terminate in NYC.
The couple will also be required to provide a Statement of Partnership, which will include information on the names of parties in the domestic partnership, any changes in the couple’s last names, prior marriages and divorces, the addresses of each partner, the dates in which they entered into the partnership, when the partnership needs to be terminated, biological parentage status if they have children together and a Statement by Attorney for each individual (attorneys need to be different people for each party to the marriage). An additional fee of $30 is required upon filing.
Common Inquiries
Are there any tax benefits of a domestic partnership in New York City?
There are limited tax benefits for domestic partners at the city level in New York, such as tax exemptions that apply to some city taxes. Domestic partners are not entitiled to the same tax exemptions that married couples are under both federal and New York State law.
How do domestic partnerships in New York impact employee benefits?
Many employers offer health insurance and other benefits to same- and different-sex domestic partners. If your employer offers this benefit, a declaration on a Certificate of Domestic Partnership may be used in place of a marriage certificate in applying for benefits.
What are the health care decisions made for domestic partners in New York?
Domestic partners have the ability to make health care decisions for their partner in the even that he or she is unable to make decisions for themselves . This is meant to grant the partner access to the same level of medical information and decision-making authority that would be provided to a family member or spouse.
How are domestic partnerships in New York City dissolved?
Much like marriage, a domestic partnership can be dissolved. The procedures for obtaining a dissolution of a domestic partnership are similar to those for seeking a divorce. Most domestic partnership agreements will lay out the procedure specifically for the state in which the partners reside.
Can I seek an annulment of my domestic partnership?
Because domestic partnership are contractual agreements, the grounds for annulment are not necessarily the same as for a marriage. For example, fraud is often a basis upon which a marriage can be annulled, but it may not be sufficient grounds to annul a domestic partnership. Speaking with an experienced family law attorney will help clarify the options that are available to you.