Domestic Partnership vs. Marriage

 Posted on July 26, 2013 in Divorce

A domestic partnership is a legally recognized union between two people that have elected not to be traditionally married. There are several different reasons why a couple would not pursue marriage such as not having a religious affiliation or being a same sex couple that resides in a state wherein same sex marriage is not legal. The laws are different for each state; however, Illinois does have domestic partnership legal benefits that allow couples to have the same rights as married people. A couple in a domestic partnership can register their partnership as a matter of public record. The registration cost is the same as applying for a marriage license. The registration then remains on the record at the office of the city clerk. This filing enables the couple to share health insurance benefits just as a married couple would. This also gives the same rights when it comes to illness or death of one of the partners. If a partner gets sick, the other partner is able to take a paid sick leave if that is a benefit that is offered by their employer. A domestic partner can also be listed as a beneficiary to a life insurance policy. So, with all of the similarities between a domestic partnership and marriage, what happens if the couple breaks up? The dissolution of a civil union is handled the same way that dissolution of marriage is handled. There is a divorce proceeding wherein the partners involved are able to ask for maintenance and there will be a division of property and assets. This will include the home and all financial accounts. If there are children between the partners, the court will also hear the issues of custody and child support. If you are in a domestic partnership and need assistance with a divorce, contact a reliable and experienced Kane County, Illinois family law attorney today.