What Is a Domestic Partnership?
A domestic partnership is a legal relationship between two people who share a life together and have chosen to register their commitment with the State of California. Under FC §297, a domestic partnership is established when two adults file a Declaration of Domestic Partnership with the California Secretary of State, share a common residence, and meet specific eligibility requirements.
Before 2020, domestic partnerships in California were primarily available to same-sex couples of any age and opposite-sex couples where at least one partner was over 62. That changed with Senate Bill 30, which Governor Newsom signed in 2019. SB 30 removed the age and gender restrictions entirely, making domestic partnership available to any two adults as an alternative to marriage.
Domestic partnerships carry the same state-level rights as marriage. FC §297.5 provides that registered domestic partners have the same rights, protections, and benefits as married spouses under California law. This includes community property rights, spousal support obligations, healthcare decision-making authority, and intestate succession rights. The only distinction is at the federal level. FC §297.5
The practical significance is enormous. A registered domestic partner can make medical decisions for an incapacitated partner, inherit property without a will, receive the same community property protections as a married spouse, and access state-level benefits including CFRA leave and state tax filing as a couple. For couples who want legal protections without the cultural, religious, or personal implications of marriage, domestic partnership is the legal vehicle California provides.
Who Qualifies for a Domestic Partnership
The eligibility requirements for a California domestic partnership are defined in FC §297(b) and were significantly expanded by SB 30 in 2019. Understanding who qualifies — and who does not — is the first step.
Eligibility Requirements
To register a domestic partnership in California, both partners must meet all of the following requirements:
- Both must be at least 18 years old — there is no domestic partnership equivalent for minors
- Neither can be currently married or in another domestic partnership — you must terminate any existing legal relationship first
- The partners cannot be related by blood in a way that would prevent them from marrying under California law
- Both must be capable of consenting to the domestic partnership
- Both must share a common residence — you do not need to own a home together, but you must live together FC §297(b)(1)
What SB 30 Changed
Before SB 30 took effect on January 1, 2020, opposite-sex couples could only form domestic partnerships if at least one partner was over age 62. This limitation was originally designed to protect Social Security benefits for older couples who would lose survivor benefits by remarrying. SB 30 eliminated the age restriction entirely, recognizing that couples of all ages may prefer domestic partnership over marriage for a variety of personal, financial, or philosophical reasons.
SB 30 did not change federal recognition. While California now allows any two adults to form a domestic partnership, the federal government still does not recognize domestic partnerships for purposes of Social Security, immigration, or federal tax filing. If federal recognition is important to your situation, marriage remains the only option. This distinction matters most for couples where one partner is not a U.S. citizen, couples relying on Social Security survivor benefits, and couples with significant federal tax implications.
Rights and Benefits of Domestic Partners
Under FC §297.5, registered domestic partners receive the same rights, protections, and benefits as married spouses under California law. This is not a partial set of rights — it is the full spectrum of marital rights applied to domestic partnerships.
Community Property Rights
All property acquired during the domestic partnership is presumed to be community property under FC §760. This means both partners have an equal ownership interest in all income, assets, and debts accumulated during the partnership. Upon dissolution, community property must be divided equally under FC §2550. This includes real estate, bank accounts, retirement funds, vehicles, and business interests — as well as debts.
Healthcare and Medical Decisions
A registered domestic partner has the legal authority to make healthcare decisions for an incapacitated partner, the same as a spouse. This includes hospital visitation rights, the authority to consent to or refuse medical treatment, and access to medical records. These rights exist automatically upon registration — no additional power of attorney is required.
California Family Rights Act (CFRA) Leave
Domestic partners are eligible for CFRA leave to care for a seriously ill partner, the same as married spouses. Employers with five or more employees must provide up to 12 weeks of job-protected leave per year for qualifying family events, including caring for a domestic partner with a serious health condition.
Inheritance and Succession
If a domestic partner dies without a will, the surviving partner has the same intestate succession rights as a surviving spouse under California Probate Code. The surviving partner is also entitled to the same family protections during probate, including the right to a family allowance and the right to set aside certain community property.
The federal government does not recognize domestic partnerships. This means domestic partners cannot: file joint federal tax returns, sponsor a partner for immigration, receive Social Security survivor benefits based on a partner’s earnings record, or access federal military spouse benefits. If any of these rights are important to your situation, marriage — not domestic partnership — is the only path to federal recognition. This federal gap is the single most important distinction between domestic partnership and marriage in 2026.
Domestic Partnership vs Marriage
The question we hear most often in our office is: what is the actual difference? At the state level, the answer is straightforward — there is almost no difference. At the federal level, the gap is significant.
State-Level Rights: Identical
Under FC §297.5, California law treats domestic partnerships and marriages identically for all purposes of state law. Community property rules, spousal support obligations, child custody and support, healthcare decision-making, inheritance rights, and family court procedures are the same regardless of whether you are married or in a domestic partnership.
Federal-Level Rights: Marriage Only
The federal gap is where the distinction matters. Key federal rights available only through marriage include:
- Social Security survivor benefits — a surviving domestic partner cannot collect benefits based on the other partner’s earnings record
- Immigration sponsorship — a U.S. citizen cannot sponsor a domestic partner for a green card or visa; only a spouse qualifies
- Federal tax filing — domestic partners cannot file joint federal returns, which can result in higher taxes for some couples
- Federal military benefits — TRICARE, base housing, and other military spouse benefits require marriage
- Federal estate tax marital deduction — unlimited transfers between spouses are exempt from federal estate tax; domestic partners do not receive this exemption
State Tax Filing
For California state taxes, domestic partners must file as married (married filing jointly or married filing separately). This can create a complex tax situation: you file as single for federal purposes and as married for state purposes. Consult a tax professional who understands this dual-status filing requirement — many couples are surprised by it.
Choose based on your specific needs, not assumptions. If federal benefits (Social Security, immigration, military) matter to your situation, marriage is the better choice. If you want full state-level legal protection without the federal entanglements — or if you philosophically prefer partnership over marriage — domestic partnership provides virtually identical rights within California. Talk to a family law attorney about which structure fits your situation.
How to Register a Domestic Partnership
Registering a domestic partnership in California is a straightforward administrative process — significantly simpler than obtaining a marriage license. There is no ceremony required, no waiting period, and no officiant.
Filing with the Secretary of State
The standard process involves completing and filing a Declaration of Domestic Partnership (Form DP-1) with the California Secretary of State. Both partners must sign the declaration, and it must be notarized or signed under penalty of perjury. The current filing fee is $33 (which includes a $23 fee plus a $10 surcharge for the Equality California fund). The partnership is effective on the date the declaration is filed.
Confidential Domestic Partnership
California also offers a Confidential Declaration of Domestic Partnership, similar to a confidential marriage license. The confidential declaration is not available to the public and provides greater privacy. The requirements are the same as a standard declaration.
What You Need to Bring
- Government-issued photo ID for both partners
- Proof of common residence — utility bills, lease agreement, or other documents showing a shared address
- Filing fee — currently $33 for the standard declaration
- If previously married or in a domestic partnership, proof of termination of the prior relationship
How to Dissolve a Domestic Partnership
Ending a domestic partnership in California follows one of two paths, depending on the length and complexity of the relationship. Understanding which path applies to you can save significant time, cost, and emotional energy.
Summary Dissolution — The Simplified Path
Under FC §299, domestic partners may qualify for a summary dissolution — a simplified process that does not require a court hearing. To qualify, all of the following must be true:
- The partnership lasted fewer than 5 years from registration to separation
- There are no children of the relationship (born or adopted during the partnership)
- Neither partner owns real property (no houses, land, or other real estate)
- Community property debts do not exceed $6,000 (excluding car loans)
- Community property assets do not exceed $50,000 (excluding vehicles)
- Both partners waive any right to spousal support
- Both partners have signed a property settlement agreement dividing all assets and debts
If you meet all of these requirements, either partner can file the summary dissolution paperwork with the court. The dissolution becomes final six months after filing — similar to the six-month waiting period in a marriage dissolution.
Full Dissolution — The Court Process
If you do not qualify for summary dissolution, you must file a full dissolution through the family court. This process is essentially identical to filing for divorce. One partner files a Petition for Dissolution, the other partner files a Response, and the case proceeds through the same steps as a divorce: disclosure of assets and debts, negotiation or mediation, and ultimately a judgment of dissolution.
Under FC §299.2, the same legal standards that apply to divorce apply to domestic partnership dissolution. This includes community property division under FC §2550, spousal (partner) support under FC §4300 et seq., and child custody and support if children are involved.
You cannot simply “unregister” a domestic partnership. Many people assume that ending a domestic partnership is as simple as filing a notice with the Secretary of State. It is not. A domestic partnership creates the same legal obligations as a marriage — community property rights, support obligations, and debt liability. These obligations must be formally resolved through the dissolution process, whether summary or full. FC §299 FC §299.2
Community Property on Dissolution
When a domestic partnership is dissolved, community property must be divided equally between the partners under FC §2550. This is the same “equal division” standard that applies to divorce. Understanding what counts as community property — and what does not — is critical.
What Is Community Property?
Under FC §760, all property acquired during the domestic partnership is presumed to be community property. This includes:
- Income earned by either partner during the partnership
- Real property purchased during the partnership, regardless of whose name is on the title
- Retirement accounts — contributions made during the partnership are community property, even if the account is in one partner’s name
- Business interests acquired or grown during the partnership
- Debts incurred during the partnership, regardless of which partner incurred them
What Is Separate Property?
Property that one partner owned before the partnership, or received as a gift or inheritance during the partnership, is separate property and is not subject to division. However, if separate property is commingled with community property — for example, depositing an inheritance into a joint bank account — tracing the separate property can become complex. For guidance on protecting assets, see our guide on divorce asset protection.
Spousal Support Rights for Domestic Partners
Registered domestic partners have the same right to partner support (the equivalent of spousal support) as married spouses. Under FC §4300 et seq., when a domestic partnership is dissolved, either partner may request temporary or long-term support from the other.
How Support Is Calculated
Temporary support during the dissolution process is typically calculated using a county guideline formula — similar to temporary spousal support in divorce. Long-term support has no formula. Courts evaluate the 14 factors under FC §4320, including:
- The length of the partnership — longer partnerships typically result in longer support obligations
- Each partner’s earning capacity and marketable skills
- The marital standard of living — the lifestyle the couple maintained during the partnership
- Contributions as a homemaker FC §4320(a)(d)
- Age and health of both partners
- Any history of domestic violence
For a comprehensive breakdown of how spousal support works in California, see our spousal support FAQ.
Glossary and Legal Framework
Key Terms
- Domestic Partnership — a legally recognized relationship under FC §297 providing state-level rights equivalent to marriage
- SB 30 — Senate Bill 30 (2019), which eliminated gender and age restrictions for domestic partnerships effective January 1, 2020
- Community Property — property acquired during the partnership presumed owned equally by both partners (FC §760)
- Separate Property — property owned before the partnership or received as a gift/inheritance during it
- Summary Dissolution — simplified dissolution process for short partnerships with limited assets (FC §299)
- Partner Support — the domestic partnership equivalent of spousal support (FC §4300 et seq.)
- Declaration of Domestic Partnership — Form DP-1 filed with the Secretary of State to establish the partnership
- Federal Gap — the lack of federal recognition for domestic partnerships, affecting Social Security, immigration, and taxes
Key Statutes
- FC §297 — Definition and establishment of domestic partnerships
- FC §297(b) — Eligibility requirements
- FC §297.5 — Equal rights for domestic partners and married spouses
- FC §299 — Summary dissolution of domestic partnerships
- FC §299.2 — Application of marriage dissolution procedures to domestic partnerships
- FC §299.6 — Legal proceedings relating to domestic partnerships
- FC §760 — Community property presumption
- FC §2550 — Equal division of community property
- FC §4300 — Partner support rights
- FC §4320 — Factors for determining support amount and duration
- Full state-level rights — FC §297.5 grants domestic partners the same rights as married spouses under California law, including community property, support, and inheritance
- Any two adults can register — SB 30 (2020) eliminated all gender and age restrictions for California domestic partnerships
- The federal gap is real — domestic partnerships are not recognized for Social Security, immigration, federal taxes, or military benefits — only marriage provides federal recognition
- Dissolution is not simple — you cannot just “unregister” a partnership; summary dissolution (FC §299) or full court dissolution is required
- Community property applies — all assets and debts acquired during the partnership are divided equally on dissolution under FC §2550
- Partner support exists — domestic partners have the same right to spousal support under FC §4300 et seq. as married spouses