Marriage & the California Partnership Law
Under State of California law, not only marriages but certain domestic partnerships qualify as legal relationships, attracting rights and benefits. Both same-sex as well as opposite-sex couples can form a domestic partnership in California. The Marriage Recognition and Family Protection Act of 2009 sought to extend marriage rights to same sex couples, but its constitutionality remained unresolved as of September 2010.
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Marriage
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Among the benefits for married couples in California are joint tax filing status, inheritance rights in the event of the spouse's death, obtaining insurance benefits through the spouse's employer, and being able to make medical and after-death decisions for the spouse.
Domestic Partnership for Same Sex Couples
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Since 1999, under the California Family code, it has been possible for same sex couples to file a Declaration of Domestic Partnership. A domestic partnership has similar legal status to a marriage and attracts the same rights and benefits. Among the qualifying criteria are being over the age of 18 and sharing a residence, neither of which are requirements for marriage in the State, assuming parental consent for minors. Domestic partnership is available to same sex couples.
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Domestic Partnership for Opposite Sex Couples
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Since opposite sex couples have always been able to marry in California, domestic partnership is available to opposite sex couples only in limited circumstances. One or both members of an opposite sex couple must be over the age of 62 and meet eligibility criteria under the Social Security Act. The purpose is to allow older opposite sex couples to form a partnership without losing benefits.
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- Photo Credit marriage image by Mat Hayward from Fotolia.com
