Domestic Partnerships vs. Marriage: Legal Differences That Matter
It’s nearly Valentine’s Day, and that always has us thinking about relationships. Are you thinking about your future and what type of relationship you really want? What do you want once you are in a committed relationship, sharing a home, finances, and a life together? When it comes to making it legal, should you marry or register as domestic partners? While both options recognize your relationship, the legal differences are significant—and understanding them is crucial for protecting yourselves and your future.
Domestic partnerships are legal relationships recognized by some states, cities, and employers that provide certain rights to unmarried couples. Virginia doesn’t have a statewide domestic partnership registry, but some employers offer domestic partner benefits.
The requirements and benefits vary dramatically depending on where you live and work. This patchwork of recognition is the first major difference from marriage. So, if you want a domestic partnership, I am all for your choices, but you need to get ready to paper up a lot more things than you may need with a marriage. That being said, it might still be the right move for you for many reasons, so don’t let the paperwork make your choice—we can handle the paperwork!
The Critical Legal Differences
Federal Recognition
Marriage is recognized by the federal government and all 50 states. Domestic partnerships generally are not.
Married couples can file joint federal tax returns; domestic partners cannot.
Social Security survivor benefits go to spouses, not domestic partners.
Immigration law recognizes marriage but not domestic partnerships.
Federal employee benefits cover spouses automatically; domestic partner coverage varies.
Estate and Inheritance Rights
When you marry, Virginia law automatically gives your spouse inheritance rights, even without a will. Domestic partners have no such right—they are not an heir. Without explicit estate planning documents and/or beneficiary designations, your domestic partner will receive nothing if you die, and your biological family could make all decisions about your remains and estate.
Medical Decision-Making
Spouses automatically have the right to make medical decisions for incapacitated partners. Domestic partners need healthcare powers of attorney and HIPAA authorizations to secure rights that spouses receive automatically. If your partner is in an accident, without proper documents, the hospital may refuse to let you make decisions or even visit, defaulting to biological family members.
Property Rights
Marriage creates automatic property rights and established divorce procedures. Domestic partners have no such framework—if you separate, there’s no automatic process for fair property division or support.
Tax Implications
Married couples can:
File jointly, potentially lowering taxes.
Give unlimited gifts to each other without gift tax.
Transfer property between spouses without tax consequences.
Domestic partners:
Must file individual tax returns.
Employer-provided health benefits are taxable income.
Face gift and estate tax limitations.
For some high-earning couples, the “marriage penalty” makes domestic partnership more tax-efficient. For others, marriage saves thousands annually.
Why Some Choose Domestic Partnerships
Despite legal disadvantages, some couples deliberately choose domestic partnerships for:
Tax considerations for high earners.
Benefits protection (some disability or pension benefits end with marriage).
Personal beliefs about the institution of marriage.
Specific estate planning strategies.
If you choose domestic partnership, you absolutely need these legal documents:
Cohabitation agreement addressing property ownership and finances.
Wills and trusts explicitly leaving assets to your partner.
Healthcare power of attorney for medical decisions.
HIPAA authorization for medical information access.
Financial power of attorney for financial matters.
Beneficiary designations on all accounts and policies.
Despite doing what I do, I am still a big proponent of marriage, but that’s just me! Marriage provides comprehensive legal protections that domestic partnerships cannot match. If legal protection, automatic inheritance rights, medical decision-making, and federal recognition matter to you, marriage is the more secure option. You can definitely make that second marriage a little less messy with a prenuptial agreement.
If you choose domestic partnership—whether by preference or necessity—don’t skip the legal documentation. At Family First Law Group, we help couples navigate these decisions and create the legal framework that protects their relationships, regardless of the form they take. We are here to listen and solve problems!
Contact Family First Law Group to discuss how to protect your domestic partnership or plan for marriage.
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