What Benefits Are There To Domestic Partnerships in Maryland versus DC?

A formalized relationship between two people can have many benefits, including emotional reliance, relational stability, and shared responsibilities. These days, many people wish to have these benefits without necessarily entering into a marriage that can expose a person to significant legal and financial obligations. Forming a Domestic Partnership can provide all these advantages without the co-mingling of finances and other assets. Unfortunately, not all states recognize domestic partnerships, but the states that do can grant significant benefits to couples. While each state grants different benefits for domestic partners, some examples of benefits include inheritance rights, estate planning perks, access to your partner’s health insurance, and/or hospital visitation access.

How do I file for a Domestic Partnership in Maryland or Washington, DC?

In Maryland, filing for a domestic partnership must be done with the Register of Wills in the jurisdiction where the couple resides. The form that must be filled out is called a “Declaration of Domestic Partnership” and the filing fee is $25.

In DC, applicants for domestic partnerships must file their domestic partner registration form with the Vital Records Division of the DC Department of Health and the fee is $45.

The requirements for who can file for domestic partnership also vary by state.

In Maryland, the individuals filing must both be over the age of 18 years, be the sole partner of the other person, not married, and be in a committed relationship.

In DC, individuals filing must also be 18 years old, have the requisite competency to contract, remain unmarried, and not be in another domestic partnership. DC also requires that the partners sign an affidavit providing that they live in the same permanent residence. This is solely a requirement for DC; Maryland does not require joint residency.

When considering whether to file for a domestic partnership with your loved one, it is important to understand what advantages you will, and will not, receive as a couple.

In Maryland, the main benefit a domestic partner receives is “spousal” treatment if their partner dies without a Last Will and Testament. This means that the surviving partner will have priority to serve as Personal Representative of the estate, will be entitled to the $10,000 spousal allowance, and will have the same inheritance rights that a surviving spouse would.

In DC, domestic partners retain mutual visitation rights in hospitals and nursing homes and if one of the partners works for the DC government, they obtain eligibility for joint health insurance coverage. Domestic Partners who live in DC also get spousal privileges when it comes to inheritance rights. Specifically, if a domestic partner dies without a will, the surviving party will have inheritance rights to the remaining estate. Additionally, if a surviving spouse was dependent on the deceased spouse, the survivor may elect an allowance during the period of administration.

There are specific rules when it comes to the dissolution of a domestic partnership.

In Maryland, there are certain grounds for dissolving a domestic partnership. These include mutual consent, termination by one party, termination due to abandonment, marriage, or death. To dissolve, the partner(s) must elect a ground for dissolution and file and sign a “Declaration of Termination of Domestic Partnership” form with the Register of Wills. Unlike divorce, this form can be filed with only one of the partners’ consent. Absent abandonment, marriage, or death, the filing will take up to six months to go into effect.

In DC, there are no specific grounds for termination. Instead, to terminate a domestic partnership, one or both parties must make an appointment in the DC Vital Records Office and file for termination. Recognition of the termination will take about 6 months unless the partners marry or there is abandonment by one of the parties. If that is the case, the dissolution of the partnership will go into effect immediately.

Do I need a legal agreement for my Domestic Partnership?

In addition to the simple registration and dissolution process set forth above, however, a couple forming a Domestic Partnership should consider entering into a more detailed legal agreement that sets forth what their rights and responsibilities will be to each other.  These contracts can set forth each party’s expected contributions towards household expenses, maintaining a minimum amount of life insurance for each other, and clearly outlining which assets belong to the parties jointly versus individually.  They can include provisions about confidentiality, and require mediation in the event of a dispute when a separation is being contemplated.  These contracts also address how much notice needs to be provided to the other in the event of a split, and who will take over the responsibility of a joint lease or mortgage when one party moves out.      

Overall, when considering if a domestic partnership is right for you, it is important to obtain legal advice from an experienced family law attorney who can help you understand all the logistical and beneficial aspects of forming this union.  Contact our office at 240-396-4373 to schedule a consultation to make sure you cover all your bases.