Domestic partnerships in CA

[Kaio]

from here.

@Antinor01

Domestic Partnerships in CA are limited to same-sex couples or opposite sex couples where at least one of the parties is age 62 or over.

@Kaio

Genuinely curious, what’s the logic behind this? Why the age limit? And how exactly is a het “marriage” different from a het “domestic partnership”?

Antinor01 didn’t know why the bit about hetero seniors was added into the DP law there. Anyone?

[Antinor01]

I checked the Secretary of State site (they adminster the DP registry) and it has this to say in response to the 62 and up question.

@CA Secretary of State

The eligibility criteria for registration of a domestic partnership was set by the California State Legislature and signed by the Governor in 1999. During the legislative process, eligibility of opposite sex couples was limited to senior citizens. This agency has no authroity to change the criteria set by the legislature.

I realize that doesn’t help much, but it’s what they say about it.

[griffin1977]

@Kaio

Antinor01 didn’t know why the bit about hetero seniors was added into the DP law there. Anyone?

I’m not sure this is true. In order to get medical benefits for my girlfriend we had to be declared domestic partners (by signing an notarised affadavit stating we had been living together as partners for more than 6 months). We were both under 30 at the time.

[hajario]

Let’s say that Betty and Bob were married for 40+ years when Bob passed away. Betty never worked but Bob had a long career. Betty is now eligible for his Social Security benefits which is her only income.

Some years later Betty meets and falls in love with William. If she were to marry him, she loses her SS income. If she were to marry him and get divorced a year later, she is screwed.

The domestic partnership allows Betty to keep her benefits but still have rights such as medical power of attorney with William.

[sqweels]

Pure speculation here, but I think a lot of seniors are shacking up and not marrying to avoid inheritance complications and other issues, and so the state is giving them a break in recognizing them.

[hajario]

@griffin1977

I’m not sure this is true. In order to get medical benefits for my girlfriend we had to be declared domestic partners (by signing an notarised affadavit stating we had been living together as partners for more than 6 months). We were both under 30 at the time.

This is true for the State of California. Some counties or municipalities in CA have less restrictive laws so you can have a registered domestic partnership at a more local level. It sounds to me like this was something that you did at your place of work. My place of work has a similar benefit but this has nothing to do with what is legally available at the State level.

[Antinor01]

@griffin1977

I’m not sure this is true. In order to get medical benefits for my girlfriend we had to be declared domestic partners (by signing an notarised affadavit stating we had been living together as partners for more than 6 months). We were both under 30 at the time.

Was that to be registered as DP’s with the state or just for insurance benefits through your job? There is a difference.

[Kaio]

@hajario

Let’s say that Betty and Bob were married for 40+ years when Bob passed away. Betty never worked but Bob had a long career. Betty is now eligible for his Social Security benefits which is her only income.

Some years later Betty meets and falls in love with William. If she were to marry him, she loses her SS income. If she were to marry him and get divorced a year later, she is screwed.

The domestic partnership allows Betty to keep her benefits but still have rights such as medical power of attorney with William.

Ah, thank you. This makes total sense. (Well, as much as these laws make sense to begin with. I’d personally question the necessity of yanking a little old lady/man’s benefits just because they happened to fall in love again. Is it just me, or does modern society seem really bent on punishing anyone who has the audacity to care?)

[LurkMeister]

@hajario

Let’s say that Betty and Bob were married for 40+ years when Bob passed away. Betty never worked but Bob had a long career. Betty is now eligible for his Social Security benefits which is her only income.

Some years later Betty meets and falls in love with William. If she were to marry him, she loses her SS income. If she were to marry him and get divorced a year later, she is screwed.

The domestic partnership allows Betty to keep her benefits but still have rights such as medical power of attorney with William.

Just as a point of information, while it is true that Betty could no longer collect SS income on Bob’s account while she was married to William, if she divorces him she would once again be able to receive the SS income from Bob’s account.

Still, there are a lot of times when domestic partnerships would be more advantageous than marriages for financial reasons. And it would cut down on the divorce rate if non-senior het couples could get them, too.