Help me understand: requirements for opposite sex domestic partnership in CA

[xanthous]

From California Family Code Section 297-297.5
(snip)…all of the following requirements are met:
(snip)
(5) 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.

Not looking for advice, just making sure I’m reading the above correctly: If I and my long-term boyfriend (opposite sex) want to file for domestic partnership and we are both age <60, we cannot file for domestic partnership in the state of California?

[Doctor_Who]

@xanthous

Not looking for advice, just making sure I’m reading the above correctly: If I and my long-term boyfriend (opposite sex) want to file for domestic partnership and we are both age <60, we cannot file for domestic partnership in the state of California?

:smack:

Rereads OP carefully… Yes, IIRC, that is absolutely correct.

[alphaboi867]

@xanthous

Not looking for advice, just making sure I’m reading the above correctly: If I and my long-term boyfriend (opposite sex) want to file for domestic partnership and we are both age <60, we cannot file for domestic partnership in the state of California?

IANAL, but I think only one party must be under 62. This will probally change now that same-sex couples have access to marriage, but I the legislature will hold off until after the elections this fall (because of the marriage amendment on the ballot). Until then same-sex couples in California actually have more legal options (at the state level) than opposite-sex couples.

[xanthous]

@alphaboi867

Until then same-sex couples in California actually have more legal options (at the state level) than opposite-sex couples.

It’s appearing that way to me! My COBRA health insurance is expiring soon, and we thought DP would be an option for me to be able to be covered under BF’s health insurance, however we appear to be misinformed!

[Antinor01]

@xanthous

It’s appearing that way to me! My COBRA health insurance is expiring soon, and we thought DP would be an option for me to be able to be covered under BF’s health insurance, however we appear to be misinformed!

You are correct, one of you must be at least 62 to form a DP if you are an opposite sex couple. That being said, many insurers will cover you as a DP even if you don’t meet the official state guideline for a DP. Check with the insurer is my advice.

[IAmNotSpartacus]

@Antinor01

You are correct, one of you must be at least 62 to form a DP if you are an opposite sex couple. That being said, many insurers will cover you as a DP even if you don’t meet the official state guideline for a DP. Check with the insurer is my advice.

Nitpick: If it’s a group health plan, it’s generally the employer that makes the call on whether to offer it as a benefit or not.

[Antinor01]

@IAmNotSpartacus

Nitpick: If it’s a group health plan, it’s generally the employer that makes the call on whether to offer it as a benefit or not.

Correct. It wasn’t clear what sort of plan it was so I didn’t want to attempt to cover all possibilities.