Domestic Partner Health Insurance: Can You Add Your Partner to Your Plan?
Key takeaways:
Domestic partners are defined as two people who live together and share a domestic life. Domestic partners are not married or joined in a civil union.
Some states and cities provide domestic partners the same rights as married couples. In these states, people can add their domestic partner to their health insurance plan.
Federal law does not recognize domestic partnerships. So, if your employer pays for your partner’s health insurance coverage, that amount will be considered taxable income.
More couples are choosing committed relationships with their partners over taking the legal plunge into marriage. In fact, in 2022, nearly 10 million households include opposite-sex couples who are not married. And more than 500,000 unmarried same-sex couples share a household.
Some states and cities provide domestic partners the same rights as married couples, including 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 states. Continue reading to learn more about the rules where you live and how your employer could play a part.
What is domestic partner health insurance?
Domestic partner health insurance offers coverage to partners who are not married. Essentially, they can receive the same or similar health insurance benefits as married couples.
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“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.
What is the difference between domestic partnership and marriage?
A domestic partnership is defined as a relationship involving an unmarried couple who share a domestic life. A marriage is a legal union between two people.
By law, married couples receive certain legal rights at the federal and state level. Domestic partners do not receive any legal rights at the federal level. They may receive some legal rights under state or city laws in some areas.
Civil unions vs. domestic partnerships
There are some similarities between civil unions and domestic partnerships. Typically recognized at the state level, a civil union provides legal protections similar to those offered by marriage. As with domestic partnerships, couples in civil unions do not receive federal benefits or protections. Not every state recognizes civil unions.
What are the requirements for purchasing domestic partner health insurance?
While the qualifications can vary from state to state, registering as a domestic partnership generally includes the following requirements:
Both parties must be at least 18 years old.
Neither party may be currently married to someone else or registered in another domestic partnership.
The parties may not be related by blood in a way that would prohibit them from getting married under state or city law.
The parties must live together in an intimate and committed relationship.
The parties must be able and willing to consent to the domestic partnership.
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For example, California couples can file a declaration of domestic partnership with the office of the secretary of state. Once registered as domestic partners, couples receive the same rights, protections, and benefits as married couples in the state of California.
Other states may require couples to fill out an affidavit of domestic partnership to receive certain legal rights, including becoming eligible 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 providers in your area offer domestic partner health insurance.
“The eligibility requirements for domestic partner health insurance may vary depending on the insurance provider,” 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.”
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Can you add your girlfriend or boyfriend to your health insurance?
If you and your partner live together and meet your state’s requirements, you may be able to add them to your health insurance plan. But, as mentioned, your state or city's law must recognize domestic partnerships.
For example, California and Nevada 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 or heterosexual couples wherein at least one partner is 62 or older. In New Jersey, a domestic partnership must be between same-sex couples or 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. In some places, such as New Hampshire, state employees in same-sex domestic partnerships may qualify for domestic partnership health insurance through the state but not through private employers.
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 your domestic partner health insurance?
Yes, your employer can choose to offer you domestic partner health insurance if you live in a state that recognizes domestic partnerships. Speak to your employer to see if this is available to you. Ask what, if anything, you would need to pay for your partner’s coverage.
If you are self-employed, you may qualify for domestic partner health insurance if your partner’s employer offers this type of coverage. You also may be able to purchase domestic partner health insurance directly from an insurer.
How to choose the best policy
To find the best domestic partner health insurance policy for you, consider the following factors:
Type of coverage
Deductible amount
Copay amounts
Premium costs
What doctors and hospitals are covered
Available prescription medication coverage
Comparing 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 condition. 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
The bottom line
Domestic partner health insurance covers unmarried couples who qualify for certain rights through their state or city. Private employers may choose to offer this type of coverage but they are not required to. It’s important to find out what your city and state’s laws are regarding domestic partner health insurance and what you need to do to qualify. If you’re unable to get domestic partner health insurance through your employer, you may be able to buy a private plan separately.
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References
California Legislative Information. (2007). Division 2.5: Domestic partner registration.
California Secretary of State. (2021). Declaration of domestic partnership.
City of St. Louis Register’s Office. (2021). Declaration of domestic partnership.
HealthCare.gov. (n.d.). Domestic partnership.
Internal Revenue Service. (2023). Employee benefits.
Nevada Secretary of State. (n.d.). Information on domestic partnership filings.
Nevada Secretary of State. (2023). Declaration of domestic partnership.
Office of Vital Statistics and Registry. (2012). Registering a domestic partnership in New Jersey. New Jersey Department of Health.
State of New Hampshire Department of Administrative Services. (2007). Employee health benefit program: Affidavit of same sex domestic partnership.
State of New Jersey Department of Health. (2017). Domestic partnerships in New Jersey.
United States Census Bureau. (2022). America’s families and living arrangements: 2022.
United States Census Bureau. (2023). Married couple households made up most of family households.
Washington Secretary of State. (n.d.). History of laws and regulations pertaining to domestic partnerships in Washington state.
