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Domestic Partnerships

Some state and local governments allow persons of the same sex (and in some jurisdictions, persons of different sex) to register as domestic partners. The benefits and rights that arise from a domestic partnership vary from jurisdiction to jurisdiction. Common rights include: eligibility for family health insurance, sick-leave to care for a family member or partner, bereavement leave, rights to visit a partner in the hospital, and the right to make health care decisions for an incapacitated partner.

In addition to recognition by governmental units, many private employers also recognize domestic partnerships for certain benefits, particularly eligibility for family health insurance and leave to take care of a sick family member or partner.

Steps Domestic Partners Can Take For Themselves

Regardless of whether two people that regard themselves as domestic partners live in a jurisdiction that officially recognizes domestic partnerships, there are certain things the couple can do that will give them more rights and protections:

  • Sign powers of attorney for health care naming one partner as the person to make health-care decisions if the other partner is incapacitated;

  • Sign powers of attorney for financial matters that would allow a partner to make financial decisions and manage property on behalf of an incapacitated partner;

  • Hold property (such as a home, car or financial accounts) in joint tenancy with rights of survivorship so that upon death of one partner, the property would pass to the surviving partner;

  • Write wills leaving property, including items of personal significance, to each other;

  • Take out life insurance policies, naming each other as beneficiaries; and

  • Write and sign an agreement about how expenses and property will be shared during the relationship.


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The American Bar Association Guide to Marriage, Divorce & Families
Copyright © 2006 American Bar Association