Ending a Domestic Partnership? Know Your Rights

First comes love, then comes…a domestic partnership? Earlier this year, there was a big change to domestic partnerships in California. The California Governor signed the bill SB-30 into law on July 30, 2019, and in January 2020, it took effect.

Previously an alternative to marriage for same-sex couples (and opposite-sex couples over the age of 62 on social security benefits), all couples over the age of 18 are now eligible to apply.

There are a few reasons why someone might choose this option. Maybe you don’t want to get married in the first place. In fact, according to the Pew Research Center, the number of Americans living with an unmarried partner reached about 18 million in 2016, up 29% since 2007.

Other people choose not to remarry after divorce or widowhood. And some disagree with the patriarchal or religious associations of marriage.

First, let’s look at some of the benefits of this arrangement:

• Rights of survivorship, which means that if you and your spouse jointly own property, you’re entitled to it if he/she dies
• You can add your partner to your benefits plan
• You can adopt your partner’s child
• Both of you can own community property

Now, let’s look at what you won’t get:

• You can’t sponsor a non-citizen partner
• Each person must file federal taxes separately
• You can’t adopt a child from another country
• There are some states you’ll have fewer rights in

Ending Your Relationship

Just like traditional marriage, these relationships don’t always last. California law treats dissolving this type of relationship similarly to a traditional divorce. The same issues are taken into consideration, including division of property, spousal support and child custody.

There are two ways to end a registered domestic partnership in California:

Notice of Termination of Domestic Partnership. To file this, you must meet certain requirements, including both people wanting to end the relationship and not owning land or buildings. If neither person withdraws the petition, after six months the relationship is considered dissolved.

Petition for Dissolution of Registered Domestic Partnership. This is similar to a divorce, with one party filing for it and the other filing a response. After a six-month period has passed and the spouses have either negotiated a settlement or chosen to proceed to trial, the relationship is dissolved.

So, where do you start? At A Family Law Firm, Inc., we’re ready and able to help you understand your rights and choose the best path.

Because federal law is so different from California state law, you need an experienced law firm who can assist you in navigating areas such as spousal support, tax filings and benefits. Contact us to learn more.