Domestic Partnership Law and Rights of Unmarried Couples
The legal rights and obligations of unmarried people who live together in committed relationships differ widely among states. Some states continue to permit domestic partnerships or civil unions, which offer a variety of rights and benefits. Others recognize marriage-like relationships known as common law marriages under certain circumstances.
Impact of Obergefell v. Hodges
The Obergefell v. Hodges decision by the U.S. Supreme Court legalized same-sex marriage in all states. Following this ruling, some states converted certain domestic partnerships or civil unions into marriages by operation of law, while others left these alternative statuses in place. In jurisdictions that continue to recognize domestic partnerships and civil unions, couples may receive certain rights, such as state-level tax benefits, inheritance rights, and access to medical decision-making. They typically do not receive federal benefits that married spouses enjoy, including Social Security benefits and filing joint federal tax returns. Changes in the law have led some couples to transition to marriage for greater clarity and legal consistency, while others have preferred to remain in formally recognized partnerships that are not marriages.
Employment and Government Benefits
Many state and local governments, as well as private employers, voluntarily extend benefits to individuals in domestic partnerships or civil unions. These benefits may include health insurance, dental coverage, life insurance, and leave benefits. Eligibility depends on regulations set by the government or by the employer’s benefit plan administrator. Some programs require proof of cohabitation for a period of time or evidence of financial interdependence.
Termination of Domestic Partnerships and Civil Unions
Dissolving a domestic partnership or civil union often involves a legal process similar to divorce. The required steps can differ by jurisdiction and may include division of property and potential spousal support obligations. The processes by which these separations are handled sometimes mirror divorce proceedings, although some states provide administrative methods if the couple does not share children or significant assets. When children are involved, courts generally address custody, visitation, and child support in a way similar to married couples, focusing on the best interests of the child.
Common Law Marriage in Certain Jurisdictions
Common law marriage arises when people live together and present themselves as married, fulfilling specific legal requirements in jurisdictions that still recognize this status. If these requirements are met, people in a common law marriage often have rights and obligations similar to those of married spouses, including potential claims for spousal support and property division if the relationship ends. However, many states have abolished common law marriage, and those that recognize it may impose strict criteria. When people in a common law marriage move to a state that does not allow the formation of such marriages, questions about ongoing recognition may arise.
Cohabitation Without Formal Recognition
Couples who live together without marrying or entering a recognized domestic partnership or civil union ordinarily do not receive automatic legal rights based on their relationship status alone. They typically lack inheritance rights, rights to spousal support, or decision-making authority for an incapacitated partner. One partner is usually not liable for the other’s debts unless they jointly incurred those debts or otherwise agreed to be responsible. Some states allow courts to consider remedies based on implied contracts or unjust enrichment if the relationship ends and one partner seeks financial redress, but these remedies are limited.
Cohabitation Agreements
Unmarried couples who anticipate acquiring real estate, personal property, or other assets together often rely on cohabitation agreements to establish clear financial terms. Such agreements address ownership of shared property and responsibility for expenses or debts. They can include provisions governing financial contributions, joint bank accounts, and the division of any assets acquired during the relationship. In most jurisdictions, courts will enforce valid contracts between unmarried partners, which can help minimize disputes if the relationship ends. These agreements may need to be updated over time to reflect major life changes, including the birth of children or the purchase of additional property.
Property Division and Contractual Rights
Without the protections inherent in marriage or a recognized domestic partnership, each unmarried partner retains individual rights over property titled in that partner’s name. Jointly titled property is co-owned, and disputes about dividing it may be resolved through strict contractual principles or, in some jurisdictions, equitable remedies. Courts may consider whether the couple had express or implied agreements regarding property ownership. The term “palimony” has occasionally been used when one partner seeks financial support from the other after separation, but it is recognized in only a few places and often depends on proving a contract or unjust enrichment claim.
Estate Planning Considerations
Unmarried partners do not receive the statutory inheritance rights that married spouses may secure automatically. Individuals who wish to ensure a partner inherits must rely on estate planning tools that comply with state law. The most common instruments are wills, which direct how property should be distributed, and revocable living trusts, which may manage and transfer property outside probate. Without these documents, state intestacy statutes govern the distribution of property, which usually prioritizes blood relatives ahead of surviving unmarried partners. Some states permit transfer-on-death or payable-on-death designations for real estate and financial accounts, which can also provide a measure of security.
Healthcare and Financial Decision-Making
When one partner becomes incapacitated, an unmarried partner typically lacks automatic legal authority to make medical or financial decisions on the other’s behalf. Written legal instruments allow an individual to designate a partner for those roles. A healthcare power of attorney grants decision-making authority over medical treatment, while a HIPAA authorization can allow healthcare providers to share medical information. A financial power of attorney similarly empowers a designated partner to manage the other’s assets and pursue financial transactions. Without these documents, control may revert to blood relatives or a legally appointed guardian.
Parenting and Parental Rights
Unmarried couples often have children together and may establish legal parentage with both names on the birth certificate if both are biological parents. Unmarried fathers usually must voluntarily acknowledge paternity to secure legal rights. When assisted reproductive technologies are used, non-biological parents may require additional legal procedures before birth or after the child is born, such as obtaining a pre-birth order, parentage judgment, or formal adoption. If unmarried parents separate, both legal parents retain the right to seek custody of their child, and courts generally determine custody, visitation, and child support based on the child’s best interests. When families move across state lines, differences in state parentage and custody rules can affect enforcement of these rights.
Adoption by Unmarried Couples
Many states allow unmarried couples to adopt jointly. The procedures can differ from adoption by married spouses, and some agencies maintain specific requirements. In cases in which one partner is already a legal parent, the other partner may file for a second-parent or step-parent adoption. This process formalizes the legal relationship between the child and the adopting partner, ensuring full parental rights and responsibilities. Adoption laws vary throughout the country, and couples often navigate them by fulfilling state-specific requirements regarding residency, parenting suitability, and other factors.
Tax Implications
Federal tax law does not generally recognize unmarried partners as spouses. Couples in domestic partnerships or civil unions cannot typically file joint federal income tax returns, although some states allow such couples to file joint state tax returns. Unmarried cohabiting individuals normally file individually for tax purposes and are each responsible for any tax liabilities tied to assets in their own names. Couples who purchase real estate or run a business together may need to structure ownership and liability in a manner that clearly defines each partner’s interest, responsibility, and tax obligations.
