Domestic Partnership vs. Marriage: What’s the Difference?

Although many people choose not to marry, there are significant differences between domestic partnerships and marriage. Marriage and domestic partnerships give the partners different legal rights. Generally, married couples have rights that domestic partners do not have. All 50 states legally recognize a marriage. 

Pennsylvania, for example, only recognizes domestic partnerships in certain cities. Therefore, it helps to be aware of the laws in your area before you make a final decision.

A couple may choose a domestic partnership vs. marriage when the couple decides to live together in a committed relationship, share specific responsibilities, open joint bank accounts, create a combined budget, and raise children — if any — without getting married.

A written agreement to live together in a romantic partnership without marriage is called a cohabitation agreement. A cohabitation agreement is more than just agreeing to live together. This document establishes the domestic partnership and defines each partner’s rights and obligations regarding expenses and assets acquired during cohabitation. 

The closest alternative to marriage is a domestic partnership. It began in the early 1980s when gay and lesbian couples couldn’t legally marry. By creating domestic partnerships, they could enjoy most of the rights and privileges of married couples. However, U.S. federal laws do not recognize domestic partnerships.

According to current laws in 2023, registration of a domestic partnership with the government establishes a formal legal relationship. In a domestic partnership, couples have some of the rights and responsibilities associated with marriage. A property settlement or death benefit may include dividing or transferring pension benefits or assets following a separation or death. Relationships of this type generally give the couple more rights than common-law marriages, but not all marriage rights.

There are some significant differences between a domestic partnership vs. marriage that any couple should consider. Domestic partnerships refer to a relationship between adults in which the partners:

Understand that knowingly falsifying documentation showing a domestic partnership can lead to disciplinary action. Benefits received based on the falsification may be reimbursable and subject to a criminal charge under 18 U.S.C. Section 1001.

Marriage and domestic partnership, though similar, are significantly different in many ways. Although marriage provides more common advantages than domestic partnerships, those in a domestic partnership vs. marriage can still enjoy some benefits of not being married to their partners. The following are some of these benefits:

According to current 2023 laws, not all states recognize domestic partnerships, but legal protection is available in the following areas:

Domestic partnerships, referred to as civil unions in some states, generally do not enjoy the full rights and benefits that married couples enjoy. Because federal law does not recognize domestic partnership vs. marriage, this is one of the critical issues that drove the gay marriage debate.

Domestic partners may not have the same rights as married spouses for specific insurance policies. One partner’s lack of insurance may result in lower coverage and higher out-of-pocket medical or dental care expenses. In a marriage, each spouse automatically receives the other’s estate tax-free upon the spouse’s death. However, while domestic partners can inherit their estate, the living partner must pay certain taxes.

Because federal law does not recognize domestic partnerships, income taxes are filed separately rather than jointly. Therefore, these couples cannot take advantage of some of the deductions and credits that married couples can claim. In addition, domestic partners cannot petition for citizenship.

Family law also does not consider domestic partners to be family. Domestic partners would not be regarded as a family under any law that explicitly deals with family, including estate planning laws.

In domestic partnership vs. marriage, spouses have far more advantages than domestic partners, including the following:

You should carefully consider whether you and your partner wish to marry or enter a domestic partnership via a special cohabitation agreement template. A family law attorney may be able to help you understand the benefits and drawbacks of your decision.