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Domestic Partnership V Marriage In California: Difference

josfamily law
(Australia, Alice Springs)
17 jun 2023, 14:51

While California law recognizes domestic partners and married couples as couples in a valid relationship, the rights accorded to each differ in a few areas. While the state laws recognize both in equal light, federal rules of taxation and inheritance vary for married couples and domestic partners.

Here's everything you need to know about Domestic Partnership V Marriage In California: What's The Difference?

What is Domestic Partnership?

A domestic partnership is when two individuals reside together without being married. In California, the rights given to married couples are the same as domestic partners. However, federal income tax laws apply differently to married couples than to domestic partners.

Key Differences Between Marriage and Domestic Partnership

Though rights are provided in both these forms of companionship, they slightly differ for domestic partners. Married couples can transfer assets between them tax-free, while domestic partners cannot.

More importantly, a domestic partnership registered in California may not be recognized in another state. For instance, domestic partnership isn't recognized by federal laws.

So, the key differences between the two are:

● Domestic partners have to pay taxes for any health insurance benefits they receive

● Transfer of property or assets is also taxable between domestic partners

● Domestic partners aren't entitled to social security benefits or pension of the other

● A non-citizen partner cannot be petitioned, unlike in marriage.

Contact Us

If you want to know more about the rights and limitations of domestic partnership v marriage, contact us today and speak to one of our experienced family law attorneys. Call (714) 733-7066 for a free case evaluation.

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