What Is the Difference Between a Domestic Partner & a Common Law Wife?
In addition to marriage, couples can formalize their commitment to each other through a domestic partnership or common law union.
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Federal Recognition
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Common law unions are treated the same as a legal marriage, providing access to federal rights and privileges. Domestic partnerships are not federally recognized.
Definition of Marriage
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According to the US Code (Title 1, Chapter 1, Section 7), marriage is a legal union between a man and a woman only. In addition, as of January 2010, 44 states enacted statutes or constitutional language reinforcing that definition.
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Definition of Domestic Partnership
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Regardless of gender, The American Association of University Professors defines a domestic partnership as two unmarried people who live together and are each other’s spousal equivalent.
State Recognition
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Unlike marriage, domestic partnership recognition varies by state. According to the National Conference of State Legislatures, only three states (California, Oregon and Nevada) provide “nearly all state-level spousal rights to domestic partnerships” as of January 2010. Five more states/districts provide domestic partnerships with some state-level spousal rights.
Municipal Recognition
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Individual cities, such as New York City, provide registered domestic partnerships with limited benefits such as hospital visitation rights. However, they are denied spousal benefits, like inheritance rights.
Company Recognition
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According to a 2005 study by Hewitt Association, 58 percent of private employers provided domestic partner benefits to both same-sex and opposite-sex couples.
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References
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Comments
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I am living with a federal employee for the past 17 years. We are a hetrosexual couple. Can I be put on retirement benefits and collect in the event of federal employee dimise? Should I be listed as domestic partner or common law wife? Can anyone who knows answer this question? Thanks.
