Does California Still Recognize Domestic Partnerships?

In California, domestic partnerships remain a fully valid legal status. Despite the widespread acceptance of same-sex marriage since 2015, domestic partnerships didn’t disappear; they evolved. Many people wonder if they’re still an option, what rights they carry, and how they differ from marriage. If you’re considering registering a domestic partnership—or are already in one—here’s what you need to know. For specific advice and help tailored to your particular situation in Los Angeles or the San Gabriel Valley, contact Blasser Law to speak with a Claremont domestic partnership attorney.

What Is a Registered Domestic Partnership in California?

A registered domestic partnership is a legal relationship between two adults who want many of the same rights, protections, and responsibilities as married couples under California law. To establish one, couples file a Declaration of Domestic Partnership with the Secretary of State. Once registered, domestic partners are recognized by the state in many of the same ways as spouses.

Historically, domestic partnerships in California were initially intended for same-sex couples who couldn’t get married, and for some opposite-sex couples over 62 who were concerned about Social Security eligibility. However, in 2019, Senate Bill 30 was signed, which opened domestic partnership eligibility to all adults over 18, regardless of the sexes involved. That change took effect on January 1, 2020.

What Rights and Responsibilities Does a Domestic Partnership Give You?

Under California law, registered domestic partners have almost all the same rights, protections, and duties as married spouses. These include:

• Property rights: California treats registered domestic partners similarly to spouses when it comes to property acquired during the partnership.

• Inheritance: If a partner dies without a will, domestic partners have the same intestate succession rights as married spouses.

• Health and medical decisions: Domestic partners generally have the right to make medical decisions for each other in cases of incapacity.

• Legal protections: Many state laws that refer to “spouse” apply equally to domestic partners—for example, protections under discrimination, hospital visitation, etc.

That being said, domestic partnerships are not identical to marriage in every respect, especially when it comes to federal law. Some federal benefits, such as certain tax filing statuses, Social Security spousal benefits, and immigration, typically are available only to those who are legally married.

How to Register, and What the Requirements Are

To register a domestic partnership in California, you and your partner must meet certain requirements:

• Both must be adults (18+), capable of consent.
• Neither can be married to someone else or in another registered domestic partnership.
• The two cannot be closely related by blood in a way that would prevent marriage under California law.

The partnership is formalized by filing the required Declaration with the Secretary of State, after which state law treats the partnership as registered.

Termination or dissolution of a domestic partnership also has rules. In many cases, partners can file a Notice of Termination rather than going through a full court proceeding, depending on factors like whether there are children, how long the partnership lasted, and whether there is real property involved.

Why Some People Choose Domestic Partnership Instead of Marriage

Even though marriage is available to almost everyone now, there are still reasons people may opt for domestic partnership:

• Some may prefer the legal structure of a domestic partnership for personal, cultural, or financial reasons.

• Certain employer or insurance benefits at the state or local level may treat domestic partners similarly to spouses.

• Domestic partnership allows couples alternatives to marriage while preserving many state-level rights.

• In some unique scenarios (for example, in relationships already established under domestic partnership), people may choose to continue that status rather than converting to marriage.

Things to Watch Out For: Limitations & Federal Differences

While domestic partnerships provide robust protections under California law, there are important limitations, especially under federal law:

• Taxes: Domestic partners usually cannot file federal tax returns as “married.” The IRS does not treat domestic partnerships as marriages.

• Social Security & federal spousal/beneficiary benefits: Federal benefits tied to marriage (such as Social Security spousal or survivor benefits, veteran’s benefits, immigration sponsorship) usually require a marriage, not just a state domestic partnership.

• Interstate recognition: Other states may not recognize California domestic partnerships the same way as the Golden State does, which can complicate legal issues if you move.

Bottom Line: Yes—California Still Recognizes Domestic Partnerships, but It’s Not the Same as Marriage

In short, yes: California still fully recognizes domestic partnerships. They remain a viable legal choice, especially for those who want many of the legal protections of marriage but either prefer not to marry or want to use the domestic partnership structure for other reasons. Since SB 30 in 2019, all adults 18 and over—same-sex or opposite-sex—can register a domestic partnership. The law treats registered domestic partners similarly to spouses in many respects under state law, even after death or dissolution.

That said, domestic partnership is not a complete substitute for marriage in all contexts, especially under federal law. If you are considering this path, it’s wise to consult with a family law attorney to understand how a domestic partnership will affect your estate planning, taxes, custody, and other legal rights, especially if you have ties outside California.

For practical advice and effective representation regarding marriage, divorce, domestic partnership and other family law matters in Los Angeles or the San Gabriel Valley, contact Blasser Law in Claremont.