Wednesday, September 16, 2009
Nevada’s Domestic Partnership Act – Part I
Nevada’s Domestic Partnership Act:
What Does It Mean For You?
Effective October 1, 2009, Nevada will become one of only a handful of states that recognize a type of civil contract called a domestic partnership. Under this law, domestic partners, same-sex or otherwise, will now have the same rights, protections, benefits, responsibilities and obligations as spouses. But, what does this really mean for you? Over the next few weeks, I will be writing about the different parts of the Nevada Domestic Partnership Act. In this first installment, I’ll tell you about registering your domestic partnership and the general rights and obligations of domestic partners.
Creating the Domestic Partnership.
The best part of the new law is how easy it is to create such an arrangement. If you are unrelated, unmarried, share a common residence (even part-time), are both over the age of 18 and competent, all you have to do is file a registration form with the Secretary of State and pay a $50 registration fee. This can be done easily by going to the Nevada Secretary of State website. Once you register, what do you get? A certificate showing that you are registered domestic partners and most, but not all, of the benefits and obligations of a married couple.
What You Get.
A relationship nearly identical to a marriage! A domestic partner has the same rights, protections and benefits and is subject to the same responsibilities, obligations and duties that are granted to and imposed upon a spouse. In Nevada, this means that, once you register your domestic partnership, all property acquired is community property. This means that each partner is entitled to 1/2 of all property and earnings that the other acquires. On the flip side, domestic partners also become responsible for the debt incurred by the other during the domestic partnership.
You also get inheritance rights. If your domestic partner dies, you are treated as the surviving spouse and can inherit all or a portion of your partner’s assets. You also may be entitled to receive “spousal” support if you dissolve your partnership or during a probate proceeding.
Finally, because you will be legally related to your partner, you will be treated as a family member for purposes of hospital visitation.
What You Don’t Get.
You will not necessarily receive any employer provided or offered benefits. Nothing in the domestic partnership law requires employers to provide or offer health care or any other benefits to or for a domestic partner. This includes public as well as private employers.
A domestic partnership is not recognized by the federal government. This means that you cannot take advantage of tax laws that benefit married couples. You cannot file a joint income tax return and you cannot avoid or delay estate and gift taxes like you can if you are married. Neither is a domestic partnership recognized in other states. Nevada is only one of only about 11 states that recognize some form of domestic partnership agreement. So, if you move, you may be in the same position with respect to property and other obligations as if you didn’t have an agreement.
There are a lot of nuances to Nevada’s domestic partnership law. Will it be right for you?
(12 votes, average: 4.92 out of 5)
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This is a fabulous post and very timely! So many questions are swirling around about the likely effects of this new law.
I hope everyone knows that Laura is giving a free public seminar on this very topic. Click here for more information about this event.
Love this blog!!! Very informative!!! It really answers a lot of my questions. Can’t wait for the next installment.
I very much appreciate his simple and concise statement of a new and very important law.I am looking forward to the following installments and the free seminar. If Laura speaks as well as she writes, the seminar will be a premier learning experience!
What about an immigration scenario? I have been with my girlfriend for three years and we lived in Vegas for almost a year but then her visa expired and we both want to move back to Vegas.
That’s an interesting question. The law doesn’t address immigration status. But, if you would be allowed to marry in the state, then you should be able to file for a domestic partnership. You should make sure your immigration status is clear. You might want to consult an immigration attorney.
That immigration query really raises some tricky legal questions — I’m looking forward to seeing what Laura thinks about this too.
Mark
Kathy — I’ve had the pleasure of hearing Laura speak. She is excellent — very clear, very thorough, very accurate. The seminar is a wonderful opportunity to find out about this new law and get questions answered.
I am a citizen here, however she is not. She’s from Korea. Though we both do not want to get married for our own personal reasons, personally, I’ve been down that road before and it destroyed my life. She has applied for different visas to work yet she keeps getting shot down. That’s why this appealed to me so much. It’s a way for us to be together i na great city without wondering if INS is going to bust down our door.
Are foreingers not residing in Las Vegas allowed to register under this Domestic Partnership Law?
Laura has not been active here of late — I would suggest that you contact her directly for updated information.
Her contact information is available here.
Mark
Nevada’s domestic partnership law does not require that individuals be residents of the State of Nevada. However, a partnership created in Nevada may not be recognized in other states or countries. Furthermore, the advantages to being domestic partners in Nevada are only relevant if you live in Nevada or in a state recognizing the relationship.
I hope that answers your question.
Laura,
Thanks for swinging by here and updating this information for us!