Does a couple have to be of the same sex to be considered domestic partners? Is there anything else that domestic partnerships apply to other than insurance?
Depends on the jurisdiction. In Vermont, a same-sex couple in a civil union have access to all the same rights and privileges as a married couple (on the state level) and so have access to “family” insurance rates. Civil Unions are limited to same-sex couples and aren’t really “domestic partnerships” as they are commonly understood. California is poised to expand the rights of domestic partners dramatically but I have not reviewed the specifics of the law. IIRC under the existing DP law in CA opposite-sex couples are eligible to register as domestic partners. Off the top of my head these are the only two states which have DP legislation. Other DP statutes are on the county and municipality level and tend to be limited in scope. In Madison WI where I live IIRC pretty much all that registering gets the couple is access to “family” rates for memberships at places like the YMCA that operate within the city.
A number of companies allow same-sex couples and non-married mixed-sex couples to buy “family” rate insurance but, since the couple is not legally married, there can be tax implications. Did you have a particular jurisdiction in mind?
As alays, IANAL and YMMV by jurisdiction.
In California, a man and woman can file for domestic partnership if one or the other is over age 62. A same-sex couple can file at any age over 18.
FAMILY.CODE SECTION 297
- (a) Domestic partners are two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring.
(b) A domestic partnership shall be established in California when all of the following requirements are met:
(1) Both persons have a common residence.
(2) Both persons agree to be jointly responsible for each other’s basic living expenses incurred during the domestic partnership.
(3) Neither person is married or a member of another domestic partnership.
(4) The two persons are not related by blood in a way that would prevent them from being married to each other in this state.
(5) Both persons are at least 18 years of age.
(6) Either of the following:
(A) Both persons are members of the same sex.
(B) One or both of the persons meet the eligibility criteria under Title II of the Social Security Act as defined in 42 U.S.C. Section 402(a) for old-age insurance benefits or Title XVI of the Social Security Act as defined in 42 U.S.C. Section 1381 for aged individuals. Notwithstanding any other provision of this section, persons of opposite sexes may not constitute a domestic partnership unless one or both of the persons are over the age of 62.
(7) Both persons are capable of consenting to the domestic partnership.
(8) Neither person has previously filed a Declaration of Domestic Partnership with the Secretary of State pursuant to this division that has not been terminated under Section 299.
(9) Both file a Declaration of Domestic Partnership with the Secretary of State pursuant to this division.
© “Have a common residence” means that both domestic partners share the same residence. It is not necessary that the legal right to possess the common residence be in both of their names. Two people have a common residence even if one or both have additional residences. Domestic partners do not cease to have a common residence if one leaves the common residence but intends to return.
(d) “Basic living expenses” means shelter, utilities, and all other costs directly related to the maintenance of the common household of the common residence of the domestic partners. It also means any other cost, such as medical care, if some or all of the cost is paid as a benefit because a person is another person’s domestic partner.
(e) “Joint responsibility” means that each partner agrees to provide for the other partner’s basic living expenses if the partner is unable to provide for herself or himself. Persons to whom these expenses are owed may enforce this responsibility if, in extending credit or providing goods or services, they relied on the existence of the domestic partnership and the agreement of both partners to be jointly responsible for those specific expenses.