• In the U.S., around 26 million people lived in cohabiting-couple households, according to a 2024 Census Bureau data release, but it is unknown exactly how many have a domestic partnership agreement.
• Such an agreement may act as a supporting document to help you secure employer benefits or banking processes while also acting as an enforceable civil agreement, but it will not offer federal marriage benefits.
• Boyer Law Firm, P.L., can draft such an agreement and also advise on formally declaring your domestic partnership with the city or county registry, should you wish to in the future.

If you are in a long-term partnership but cannot, or will not, marry, a domestic partnership agreement can sometimes help you secure certain civil benefits you would not otherwise receive. If you want to go one step further, Florida even offers local domestic partner declarations in some counties. However, state law still treats these differently from the partnership and legal rights one gets from marriage.

What is the Meaning of a Domestic Partnership Agreement?

Domestic partnership agreements are private contracts between two or more people. They do not offer governmental domestic partnership benefits, but instead may assist a relationship through a simple legal agreement for couples that creates enforceable obligations.

However, living together with a contract but without marriage comes with several risks if something happens to either of you. While not recognized by the state as marriage, these can help you set expectations for how to handle many life situations.

Registering a Domestic Partnership

It is possible to declare a domestic partnership in some Florida counties. These are not the same as domestic partnership agreements, yet still do not hold the same state- or federal-level weight as a marriage license. However, each has its own benefits.

Registries and domestic partnership agreements often coexist, but:

• The issuing city or council office handles registry recognition in counties where this is legal.
• Private law governs domestic partnership agreements between two or more parties.

As such, a domestic partnership agreement can offer you some rights you might not otherwise have, but only those enforceable under civil law.

They can help with many areas of life, including:

• Finances
• Caregiving
• Expectations on the part of all parties
• Property ownership

It is important to note that any private domestic partnership agreement differs from declaring with the city or county registry. Declaring in specific Florida counties, or in California and Oregon, can offer you various local rights, including access to your partner should they face legal or health issues.

Is Having a Domestic Partner the Same as Marriage?

While it is in the same broad direction on family planning, the state does not recognize a domestic partnership agreement in the same way as marriage. Even those who declare a domestic partnership aren’t lawfully married for federal tax purposes, according to the IRS. Nor do they receive the same:

• Federal benefits
• Immigration benefits
• Federal filing status
• Marriage-related tax benefits
• Guaranteed employment benefits, although employers may offer specific benefits privately
• Retirement protections and survivor benefits

Similarly, other risks include the possibility that inheritance does not flow automatically to a partner, as the state will consider them “unmarried partners”. These include those with filed domestic partnership agreements.

Also, if the authorities find that a marriage is fraudulently declared, you may face fines and potentially jail time. As such, you should ensure you do not describe this as a marriage on any federal form to protect yourself.

We would recommend that you speak to us if you want to know more about your options in these cases.

Domestic Partnership Agreement FAQ

Does a Boy/Girlfriend Count as a Domestic Partner?

Whether someone is a domestic partner depends on the contract they sign or the local registry rules. Merely calling someone a partner does not constitute a binding domestic partnership agreement. However, many people are settling into unregistered cohabiting situations who may not understand this, and we are seeing fewer households headed by married couples in 2020 than at any other point in U.S. records.

What Are the Disadvantages of a Domestic Partnership Agreement?

In addition to the lack of recognition from most states and the federal government when it comes to a domestic partnership vs. marriage, you may need to very carefully word a domestic partnership agreement for it to have the effect you want. As it does not include specific other rights, you will need to ensure its wording aligns with what you would like from such a partnership.

Working with a legal expert can help you draft and manage such a contract. For Florida counties that register such documents, Boyer Law Firm can also draft it to meet the county’s requirements if you wish to file it with them.

How Do You Prove Partnership?

Should you need to prove your partnership at any level, it is essential to keep a signed agreement on hand. These act as a signed agreement, serving as a declaration of contract, even if the documents do not carry the weight of marriage specifically.

At the same time, you can use records like budgets and bank records to show that you and your partner have entered into agreements, and affidavits from landlords or utility companies can work if you require proof of shared residence.

Store any copies of these in a secure location, especially if notarized, for reference later. At the same time, make digital backups for quick access for those who accept them.

Get Expert Advice on Your Partnership Plans

Partnerships can often require a clear understanding of responsibilities and expectations. To ensure that you and your partner have a better chance of being on the same page, you may want to put these wishes in writing with a domestic partnership agreement.

For clear, tailored guidance on this process and what it can offer you in Florida, Boyer Law Firm is ready to assist. Our family law experts can help you draft a contract tailored to your needs. So, contact our offices in Miami, Orlando, or Jacksonville today to schedule a consultation.