Domestic Partner Health Insurance: Can You Add Your Partner to Your Plan?

More couples are choosing committed relationships with their partners over taking the legal plunge into marriage. In 2023, nearly 10 million households included opposite-sex couples who were unmarried. And more than 700,000 unmarried same-sex couples shared a household.

Some states and cities recognize domestic partnerships and grant people in them rights similar to those given to married couples, such as the ability to share health insurance coverage. If you’re in a domestic partnership, you may be wondering if you live in one of those areas. 

What is domestic partner health insurance?

Domestic partner health insurance allows an unmarried person to receive health coverage through their partner’s employer or private insurance provider. 

“While traditional health insurance plans typically only cover married spouses and their dependents, domestic partner health insurance extends coverage to couples who are not legally married but live together and share financial responsibilities,” Evan Tunis, the president of Florida Healthcare Insurance, told GoodRx Health. 

Availability and eligibility requirements for domestic partner health insurance vary by state, employer, and insurer. 

What is the difference between a domestic partnership and marriage? 

A domestic partnership occurs between two unmarried people who live together in a committed relationship. The designation was made to recognize couples who function like married spouses but aren’t legally married. 

The biggest difference between a domestic partnership and a marriage is recognition under the law. Unlike marriages, which are legally recognized at both the state and federal level, domestic partnerships are only recognized in certain states, cities, and workplaces. The rights and benefits they provide vary depending on where people live and work. To qualify as a domestic partnership, many states, cities, and insurers require proof that the relationship is stable and ongoing. For example, you may need to show joint financial accounts, a shared lease, or other evidence of commitment. 

Marriage is a legal union between two people that is universally recognized everywhere in the U.S. It grants couples a wide range of legal rights and protections. These include: 

• The ability to file joint federal tax returns 

• Access to Social Security survivor and spousal benefits 

• Full health insurance and retirement plan benefits for spouses

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Domestic partners generally do not receive these federal benefits. However, in certain states, cities, and workplaces, domestic partners may qualify for limited protections, such as health insurance coverage or family leave benefits.

Civil unions vs. domestic partnerships

Civil unions were created for same-sex couples before same-sex marriage was legalized nationwide in 2015, as a result of the Obergefell v. Hodges decision. Although they are far less common today, civil unions still exist in the following states: 

• Colorado 

• Hawaii 

• Illinois 

• New Jersey 

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Similar to domestic partnerships, they can provide certain state-level benefits that resemble marriage benefits. But neither civil unions nor domestic partnerships grant federal benefits. 

What are the requirements for purchasing domestic partner health insurance?

Employers and insurers may ask for proof of your relationship before you can qualify for domestic partner health insurance. In many cases, this means signing a domestic partnership affidavit. The affidavit typically confirms the following: 

• Both parties are at least 18 years old.

• Neither party is currently married to someone else or registered in another domestic partnership.

• The parties are not related by blood in a way that would prohibit them from getting married under state or city law.

• The parties live together in an intimate and committed relationship. 

• The parties are mentally competent and consent to the domestic partnership. 

• The parties share financial responsibility for basic living costs such as food and shelter.

In some states, such as California, couples can file a declaration of domestic partnership with the secretary of state’s office. Once registered as domestic partners, couples receive the same rights, protections, and benefits as married couples in the state of California. This may include shared health insurance coverage.

Other states may require couples to fill out an affidavit of domestic partnership to receive certain legal rights, including eligibility for domestic partner health insurance. So it’s important to find out what your state’s requirements are for a domestic partnership. You’ll also need to find out which insurance companies in your area offer domestic partner health insurance.

“The eligibility requirements for domestic partner health insurance may vary depending on the insurer,” Tunis said. “Generally, both partners must be at least 18 years old and able to provide proof of their relationship and financial interdependence. This can include joint bank accounts, shared bills or leases, and/or a legal document designating the other person as a beneficiary.”

Can you add your girlfriend or boyfriend to your health insurance?

You may be able to add your girlfriend or boyfriend or to your health insurance. But it depends on your employer’s policy and/or your insurance company, and whether domestic partnerships are recognized in your city or state. 

For example, California and Nevada legally recognize domestic partnerships. As such, you can add a domestic partner, such as a boyfriend or girlfriend, to your health insurance. If you have employer-sponsored insurance, you will need to provide your employer with the document recognizing your domestic partnership. This could be any of the following: 

• Affidavit of domestic partnership

• Declaration of domestic partnership

• Domestic partnership registration certification

Domestic partnerships are not recognized in the same manner throughout the country. In some jurisdictions, a domestic partnership is only recognized for same-sex couples. Some jurisdictions only recognize a domestic partnership if one of the parties is age 62 or older. 

For instance, in Washington, domestic partnerships are limited to same-sex couples and heterosexual couples wherein at least one partner is 62 or older. In New Jersey, domestic partnerships are recognized for same-sex couples and heterosexual couples involving two people 62 or older.

But you also need to know where your domestic partnership will be recognized. It will likely only be recognized by your city or state and not in other jurisdictions. 

Even within your city or state, there may be limitations on what rights you receive. Some cities and states, such as St. Louis and Washington, may allow you to visit a partner in the hospital but not offer access to domestic partnership health insurance benefits.     

To find out if domestic partnerships are recognized where you live and what the steps are to apply, contact your secretary of state’s office or city clerk’s office. 

Can your employer grant you domestic partner health insurance?

Yes, your employer can choose to offer you domestic partner health insurance even if your state doesn’t formally recognize domestic partnerships. Coverage availability depends on your employer’s policies and the rules of their insurance provider. Speak with your human resources department to see if this option is available to you. Ask what documents are required and if you'll need to pay additional premiums.

If you are self-employed or your employer doesn’t offer domestic partner health coverage, you and your partner can explore other options like:

• Getting coverage through their employer

• Buying a health plan through the healthcare marketplace (HealthCare.gov)

• Applying for Medicaid if you meet income requirements

How to choose the best policy

To find the best domestic partner health insurance policy for you, look at different plans and see how they compare based on these factors: 

• Type of coverage (e.g., HMO, PPO, etc.)

• Annual deductible amount

• Copay and coinsurance amounts

• Premium costs

• Maximum out-of-pocket costs 

• What healthcare professionals and hospitals are covered

• Prescription medication coverage details

Comparing health insurance plans using these factors can help you find the best coverage for the best price. 

What are other options for health insurance if you’re in a domestic partnership?

If you are in a domestic partnership, you may want to research a variety of health plans to determine what makes sense for your finances and health. Even if domestic partnership health insurance is available to you, it may make sense for you and your partner to buy separate policies. 

You can look into plans offered by: 

• Private insurance companies

• A state insurance marketplace 

• The federal health insurance marketplace

However, if your domestic partner isn’t a legal spouse or dependent, you may owe income and payroll taxes if you add them to employer-sponsored health coverage.

And if you buy coverage through a private insurer — versus through a marketplace — you likely won’t qualify for premium subsidies.

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Written by:

DeShena Woodard, BSN, RN

DeShena Woodard, BSN, RN, is a Texas-based registered nurse, freelance writer, financial freedom coach, and certified life coach. Writing about personal finance for more than 3 years, her advice has been featured on Yahoo Finance, Business Insider, NerdWallet, Debt.com, GoBankingRates, the Balance, and also on her own website, ExtravagantlyBroke.com.

Edited by:

Charlene Rhinehart, CPA

Charlene Rhinehart, CPA, is a personal finance editor at GoodRx. She has been a certified public accountant for over a decade.

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