Last Updated on: 15th October 2023, 10:05 am

Domestic Partnership vs Marriage in New York

In New York, domestic partnerships and marriage have some key differences in the legal rights and responsibilities granted to couples. Domestic partnerships provide some protections but not as many as full marriage.

Domestic Partnerships

Domestic partnerships in New York offer limited legal rights and benefits to unmarried couples, including hospital visitation, healthcare decisions, and inheritance rights[1]. However, domestic partners do not have full equality with married couples.

• No joint tax filing status
• No insurance or retirement benefits from partner’s employer
• No rights to partner’s Social Security or pension
• No automatic inheritance rights

Registering as domestic partners is a simpler process than getting married, just requiring filing paperwork and paying a fee[2]. Domestic partnerships are also easier to dissolve, done by filing termination paperwork rather than going through divorce proceedings[3].

Marriage Rights

Marriage provides more complete legal protections and benefits under New York law. Unlike domestic partners, married spouses have rights including[4]:

• Joint tax filing status
• Access to spouse’s insurance and retirement benefits
• Inheritance and estate rights
• Joint custody and adoption

Same-sex couples have had the right to legally marry in New York since 2011[5]. So same-sex couples can choose full marriage equality rather than the more limited domestic partnership rights.

Implications

Whether to register as domestic partners or get married depends on the couple’s needs. Those wanting simpler legal ties may opt for domestic partnership, while couples wanting full equality under the law can pursue marriage.

Overall, domestic partnerships grant some but not all marital rights in New York. Marriage provides the fullest legal protections and benefits for couples under state law.