Due to today’s ever-increasing divorce rates, many couples are gravitating towards alternatives to traditional marriage. For those individuals who are involved and committed to each other, yet would like to avoid or delay tying the knot, an alternative to marriage exists. A Domestic Partnership may be a viable option for many couples who may not want to get married, or who would prefer to hold off such a commitment.

Domestic partnership is a legal union of two individuals who have been living together continuously in a “close and committed personal relationship.” The domestic partner status provides some of the same benefits available to married couples. Some of those include family leave for child care, the ability for someone to remain in a rent-controlled apartment when their partner dies, the right to visit a partner in a city hospital or jail, and perhaps most significantly, eligibility for health insurance, life insurance, death benefits, and other such benefits.
To register for a Domestic Partnership in New York City, the two individuals must fulfill specific application requirements: both persons must be eighteen years of age or older and have a close and committed personal relationship while living together on a continuous basis for a minimum of six consecutive months. Additionally, both individuals must be New York City residents or have at least one individual be employed by the City of New York on the date of registration. Lastly, neither individual can be married or registered as a member of another domestic partnership within the last six months before registration.

While Domestic Partnerships offer more freedom than marriage, they do not provide as much protection and security. In contrast to an action for divorce, in order to dissolve a domestic partnership a couple must go through the process of dissolution, also known as termination. Although some couples have mutual feelings about the termination of their partnership and are able to pursue the process amicably, others may disagree on the terms of their “break up.” Since there is no legal protection in place for shared earnings in a domestic partnership as there is in a marriage, some couples negotiate what’s called a Cohabitation Agreement, (similar to a prenuptial agreement), in the early stages of their partnership.

It is important to be aware of the available options for couples who are ready to further their relationship. In the case of a domestic partnership, both individuals must do their due diligence and educate themselves on the entirety of the process to ensure an understanding of the partnership. Couples considering entering into a domestic partnership should retain an attorney to review and negotiate a Cohabitation Agreement which can be entered into while both individuals are fair-minded to protect the interests of each party. Our attorneys at Law Offices of Inna Vernikov have extensive experience drafting and negotiating Prenuptial and Cohabitation Agreements. Call us at today at (212) 729-3497to learn more about how Law Offices of Inna Vernikov can assist you.