Some couples choose to live together rather than marry, hence worry if Pennsylvania permits domestic partnership.
They might decide to choose this course for monetary reasons, such as taxes and Social Security benefits, or for other emotional or psychological factors.
Pennsylvania does not recognize civil unions or domestic partnerships on a state-by-state basis, although it does recognize domestic partnership agreements made in other states.
Unmarried couples can, however, create cohabitation agreements to protect their rights and property in the event that the domestic relationship does not work out.
What is a Domestic partnership?
Legislation in New York City and the City of Philadelphia permits couples with committed and intimate personal relationships to enter into a domestic partnership.
The Domestic Partnership Law recognizes a wide range of family structures, including lesbian, gay, and other non-traditional partnerships.
In the meanwhile, Pennsylvania has not recognized domestic partnerships on a state-wide basis.
The City of Philadelphia, on the other hand, made an exception. The exception is for people who are in a same-sex domestic partnership with “exempt employees” of the city government.
Domestic partners who qualify for this exemption get the same health and leave benefits as spouses.
The health benefits of a Domestic partner can not always count as personal income for tax purposes.
Domestic Partnerships in General
While domestic partnerships are not legal in every state and have different restrictions, certain local governments, like those in Pennsylvania and Philadelphia, may still allow them.
Couples wishing to form a domestic partnership must meet the same requirements as those seeking to marry.
They must also fill out forms and register at a courthouse or other specified location, much like those seeking a marriage license.
Domestic Partnership and Cohabitation Agreements
A domestic partnership agreement, also known as a cohabitation agreement, is a legal document that spouses can use to define their rights and responsibilities in the relationship.
Cohabitation agreements often comprise the following features and topics:
- Keeping each other’s assets and income safe
- How the couple intends to manage debts and creditor accounts
- Deciding how to distribute equally owned property and obligations when the partnership ends
- Identifying and resolving any child custody or support concerns
In child-related matters, the state always takes into account the best interests of any shared children from the partnership. Cohabitation agreements might apply in conjunction with other legal forms, such as powers of attorney and advanced healthcare.
Therefore, you must collaborate with a knowledgeable Pennsylvania family law attorney to assist in the agreement’s drafting.
If a domestic partnership fails in Pennsylvania, the cohabitation agreement will serve as a form of a legal contract, allowing parties to enforce commitments they made to each other regarding their lives together and lives after a split.
Furthermore, if an unmarried couple dies, the surviving partner will have the right to inherit property from the deceased partner, as is the case with married couples, and the cohabitation agreement can cover such contingencies so that the surviving partner can take ownership of the family home, for example.
Parties can enjoy many of the same advantages and protections that couples have with the help of a cohabitation agreement.
A couple would end their relationship in a same-sex divorce because many domestic partnerships are now accepted as marriages since same-sex unions are now legal.
Furthermore, if the pair is currently pursuing other partners, it may be necessary to dissolve a domestic relationship.
A domestic partnership in another state can make it difficult to marry in a new state.
How to register
The first thing you should consider is whether you want to marry.
Then, find out if you are eligible to be a domestic partner in your location. Because domestic partnership laws differ by jurisdiction, contacting your municipal clerk’s office is a smart place to start.
If you decide against legal marriage, research domestic partnerships in your area and assess the benefits and drawbacks.
Generally, to register as domestic partners:
- The parties are at least 18 years of age.
- Neither partner may be a domestic partner or married to anyone else.
- You must live together and have a long-term plan to do so.
- You are unrelated to your partner by blood (or marriage) else the state will forbid the partnership.
- To sign a contract, you must be of sound mind.
- You must either live in the city where domestic partnerships are available or
- You have voluntarily agreed to share responsibility for each other’s fundamental needs and the welfare of the community.
In a city that accepts domestic partnerships, the registration procedure is straightforward.
The city or county clerk’s office should have an application that you can fill out. Both partners must show up in person with identification and documentation proving their residency or job in the city.
A domestic partnership affidavit must be completed in front of someone, such as the clerk, and a registration fee.
The affidavit declares that you are eligible and outlines the conditions under which you must inform the clerk’s office if your domestic partnership dissolves.
The advantages
Domestic partnerships in cities that recognize family units other than marriage typically provide partners with basic visitation rights in jails and hospitals.
It may not provide you with the right to make healthcare decisions, make funeral arrangements, or place a claim on your partner’s wealth.
However, registering as domestic partners verifies employers who still grant benefits.
To avoid potential fraud, most firms prefer something verifiable. Employers who are willing to provide so-called “soft” benefits are among them. These benefits include bereavement leave to care for a partner and other benefits over which the employer has authority.
Employers who provide benefits, such as access to health, and vision insurance, require documentation of a legal partnership.
However, decoupling in a domestic partnership may be more legally ambiguous than divorce and asset distribution in a marriage.
The disadvantages of domestic partnership
Contrary to insurance benefits provided to married people, the federal government considers contributions made by employees who choose to take part in a domestic partner benefits plan and have their partner covered under their plan, to be taxable income.
However, if your spouse satisfies the requirements for being a “dependent” under the Internal Revenue Code, any insurance premium contributions your employer makes to their coverage would not be subject to taxation.
Your partner is to get more than half of his or her support from you to be considered dependent.
Domestic partnerships differ from formal marriage in that benefits are not transferable from one employer to the next. Outside of the city, state, or county that provides the status, there is no recognition, and insurance benefits may be lost if the employee switches employers.
Aside from that, if a couple transfers from state to state, the new place may not recognize the domestic partnership.
Furthermore, the courts may interpret a domestic partner affidavit as a de facto agreement, potentially holding partners financially accountable for each other’s support and debts.
As a result, some lawyers have questioned the appropriateness of registering because the financial obligations may outweigh the benefits.
Dissolving A Domestic Partnership Formed in Pennsylvania
In Pennsylvania, if you and your partner make a cohabitation agreement, you won’t need to submit it to the court, but the state’s courts should uphold it.
You will need the assistance of an expert family law attorney for any complications that occur because they will need the court’s enforcement just like any other contract would.
Dissolving A Domestic Partnership from Other States
In Pennsylvania, there are two ways to dissolve an out-of-state domestic partnership agreement or another out-of-state civil union. Equity jurisdiction and community are two examples.
If a court is unable or unwilling to dissolve the partnership for whatever reason, the couple must terminate the partnership in the state that recognizes it.
Although the majority of Pennsylvania does not recognize domestic partnerships, the City of Philadelphia allows them for a small number of employees. For some of these people, the question of whether domestic partnership is preferable to marriage may emerge. A cohabitation arrangement may be a more suitable alternative to marriage for other people. Speak with a qualified family law attorney to learn more and explore how the law can help your specific case.
Conclusion of domestic violence in PA:
A domestic partnership is a legal arrangement authorized by New York State and City of Philadelphia legislation for couples who have a close and devoted personal relationship.
The Domestic Partnership Law recognizes a wide range of family structures, including lesbian, gay, and other non-traditional partnerships.
Meanwhile, domestic partnerships have not been recognized statewide in Pennsylvania.
Philadelphia has granted an exemption for those who are in a same-sex domestic partnership with the municipal government “exempt workers.”
Also, read:
Sole Proprietorship and Limited Partnership- Choices before you register your firm
JOINDER AGREEMENT: How It Works
How Long Do You Have To Pay Alimony? What Can Terminate Alimony?
