Domestic partnership and marriage are often confused with each other. Many people don’t understand the real difference between the two. Nor do they fully understand the benefits of each when it comes to taxes, property inheritance rights, and other issues.
So let’s break down Domestic Partnership v Marriage in California: What’s the Difference?
What is a Domestic Partnership?
In California, domestic partnership is defined as the legal union between two adults. The concept is designed for couples who want to reside together in an intimate relationship but don’t want the tag of marriage. Domestic partners can take care of each other and their children financially and medically.
Most rights conferred to married spouses are available for domestic partners as well, except property ownership and inheritance.
Marriage v Domestic Partnership in California
There’s no legal difference between a marriage and a domestic partnership in California, however, there are certain differences that exist on a federal level. The benefits accorded to married couples over domestic partners are:
● Married couples don’t need to pay State income tax on each other’s social security income when jointly filing tax;
● The surviving spouse receives one-half of the deceased spouse’s social security benefit. In contrast, domestic partners get one-third of their deceased partner’s social security benefits.
● Domestic partners are subject to taxation upon the transfer of assets. Married couples can transfer unlimited assets without any taxation.
● Domestic partners cannot petition their non-citizen partner in the US. Alternatively, a non-citizen who married a US citizen can petition for permanent residence.
Company Name:- JOS Family Law
Address:- 1918 W Chapman Ave Suite 200, Orange, CA 92868
Phone:- (714) 733-7066