Is a Domestic Partnership Right for You?
What can you do if you don’t want to get married for personal reasons, or can’t for legal reasons, but are in a committed relationship and want some of the advantages of a marriage? You may want to consider a domestic partnership. Though not available in all 50 states, some offer statewide benefits, where others, including Maryland and Virginia, have partial or local recognition. The advantages are defined state by state (and locality by locality), but in general, a domestic partnership normally provides:
- Certain estate rights such as priority to serve as Personal Representative if one partner dies without a will, ability to inherit the same share of the probate estate as a spouse, and possible exemption from inheritance tax.
- Certain healthcare rights such as hospital visitation, access to medical records, and authority to make medical decisions for an incapacitated partner.
- Other protections such as recognition in certain employment benefits and homestead protection.
Note that an employer is not required to offer healthcare for a domestic partner in all states or jurisdictions that offer domestic partnership arrangements. Domestic partnerships DO NOT provide Social Security survivor benefits, federal (and some state) tax benefits, and immigration sponsorship rights. Therefore, while states may allow certain rights, a locality or employer may supersede those rights.
Establishing a domestic partnership is a simple and quick process that includes filing a form/affidavit at the county courthouse with a nominal processing fee. Again, the process may be different depending on your state/jurisdiction, and eligibility requirements do apply. Note that filing may transport within the state (i.e., when you move from county to county) but generally will not transport from state to state. Also, termination of a domestic partnership is normally just as easy as establishing one (filing a form at the local courthouse) and sometimes may be filed by both or one party. However, the effective date of the termination can be months from the date of the termination filing, which may be cause for concern in some situations (much like divorce).
Before entering a domestic partnership, one must familiarize and fully understand the implications of doing so in the state, county and jurisdiction of your residence. Working with a financial planning professional can also help you determine other documents you should have should you wish to exercise parts of a domestic partnership agreement. For example, if your main objective is to obtain healthcare rights as described above, but not estate rights, you should have the proper will and/or trust in place. In the same example, you should carefully review the titling of accounts and named beneficiaries to ensure your assets are disbursed in accordance with your final wishes, and that the domestic partnership does not become the prevailing document to determine inheritance of your assets.
If you would like to discuss and evaluate if a domestic partnership makes sense for your financial planning purposes, we are happy to help.
Read the August 2026 Financial Planning Focus:
- "On a Rocketship to Mars" by Kristan Anderson, CEBS®, CFP®"
- "When to Call in an Expert" by Matt Cohen, CFP®, CIMA®
- "What’s the Basis for That?" by Kristan L. Anderson, CEBS®, CFP®
West Financial Services, Inc. (“WFS”) offers investment advisory services and is registered with the U.S. Securities and Exchange Commission (“SEC”). SEC registration does not constitute an endorsement of the firm by the SEC, nor does it indicate that the firm has attained a particular level of skill or ability. You should carefully read and review all information provided by WFS, including Form ADV Part 1A, Part 2A brochure and all supplements, and Form CRS.
West Financial Services, Inc. (“WFS”) offers investment advisory services and is registered with the U.S. Securities and Exchange Commission (“SEC”). SEC registration does not constitute an endorsement of the firm by the SEC, nor does it indicate that the firm has attained a particular level of skill or ability. You should carefully read and review all information provided by WFS, including Form ADV Part 1A, Part 2A brochure and all supplements, and Form CRS.