Marriage is not always the right option for every couple. Some enter into domestic partnership agreements as an alternative to marriage. Domestic partnerships, also called civil unions, allow a couple to be legally recognized as a supportive, committed partnership. It does not have the same legal rights or requirements as marriage. Learning the difference between a Colorado domestic partnership and marriage is necessary when determining which works best for your relationship.

At Johnson Law Group, LLC, we can help you navigate the complexities of a domestic partnership. Our experienced family attorneys can go over in more detail the differences between marriages and domestic partnerships. We can help you understand what option is best for you and your partner. It is important that your union is protected the way that you want. We can provide legal counsel to represent your best interests.

A registered domestic partnership is a public record of a couple’s commitment to and support for each other while living together. Couples, regardless of gender, can register a domestic partnership in Colorado. Domestic partnerships do not have legal name changes like marriages, and they also have fewer legal or financial rights. Domestic partnerships do not have rights over inheritance, property, child custody, or other benefits the way that marriage does.

To register for a domestic partnership, both members of a couple must:

• Be at least 18 years old.
• Not be married or in an existing domestic partnership or civil union.
• Able to understand and sign a contract with complete awareness.
• Share a household and address.
• Not be prohibited under state law from being married to each other.

Registering your relationship is a public record of your legal status. It also allows you to file state taxes together, among other benefits.

A domestic partnership does not offer the same legal protections as a marriage. Therefore, those registering a domestic partnership may want to gain those protections through different avenues. This includes, among other legal protections:

• Powers of attorney
• Dissolution agreements
• Pre-partnership agreements
• Wills
• Trusts

Married couples share their property. During a divorce, that property is divided equitably by the court. After a divorce, couples can also access each other’s retirement benefits.

Domestic partnerships do not have joint asset ownership, and the separation of assets can be more complex. You are also not entitled to retirement benefits. If you and your partner plan to register for a domestic partnership, consider a pre-partnership agreement. Like prenuptial agreements, this lets you determine what will happen to shared assets if the two of you separate. Without an agreement like this, dissolving a domestic partnership and separating assets and debts can be difficult and highly expensive.

An experienced family law attorney can help you and your partner work out a pre-partnership agreement. This can represent your best interests and address the unique assets and debts you each have.

To register a domestic partnership with the state, you must make an appointment with the county registrar’s office or city clerk. Make your appointment far in advance, and set it for a day when both you and your partner can go to the office together and in person. You may need to fill out an application before you arrive for the appointment, depending on where you are registering. Additionally, you will need to bring:

• Proof that the two of you share a household. This can be done by providing valid documents such as a lease agreement, joint mortgage, joint bank account, the address on each of your driver’s licenses, or separate utility bills.
• Valid photo identification. This includes a driver’s license, passport, state ID, or military ID.
• $25. This is for the registration fee.

The clerk will check that these documents are valid and take the registration fee. You and your partner will then sign an affidavit. You have then registered your domestic partnership and obtained legal recognition in Colorado.

Marriages and domestic partnerships have some similar rights and benefits. This includes:

• The ability to file joint state taxes
• The right to legally privileged communication during the partnership
• The right to receive each other’s pension and retirement benefits
• The ability to file wrongful death claims for the other
• The right to not be required to testify against each other while in a domestic partnership

Marriages have several rights and benefits that are not available for domestic partnerships. Some of these include:

• Legal recognition federally and in all states
• Joint asset ownership
• Legal family rights
• Change of immigration status petition

Q: Can I claim my domestic partner on my taxes?

A: You can claim your domestic partner as a dependent if you meet other criteria. This requirement includes a gross income requirement and a support requirement. Because domestic partners report half of their combined gross income, it is rare that a partner will meet the gross income requirement. You can file jointly for state taxes but not for federal taxes.

Q: How do I declare a domestic partnership in Colorado?

A: You must register a domestic partnership with the state of Colorado through a county registrar or city clerk. To qualify, both you and your partner must be:

• 18 years of age
• Able to sign a contract with full understanding and knowledge
• Living together

Neither of you can be in any current marriages or civil unions. You must also be allowed to legally marry by state law to register a domestic partnership.

Q: Can I put my domestic partner on my health insurance in Colorado?

A: States allow domestic partners to have the same benefits as married couples for health insurance. Many insurance companies also allow domestic partnerships to be covered under one individual’s plan. However, an employer does not have to offer insurance to a domestic partner the same way they do for a married couple.

Q: How do I prove domestic partnership in Colorado?

A: You can register a domestic partnership with the state of Colorado. This is done by signing an affidavit. Once you register a domestic partnership in Commerce City, Colorado, it becomes a matter of public record. This is clear proof of your commitment to each other, your plans to continue this relationship, and your willingness to provide each other with support.

Our experienced attorneys at Johnson Law Group, LLC, can help you navigate the registration and protection of your civil union. Contact us today.

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