The term "domestic partner benefits" refers to employee benefit plans that offer to non-married couples the same or similar benefits as those provided to married couples.  More and more employers, in both the public and private sectors, are offering benefit plans that provide coverage to the unmarried partners of employees.  In fact, some cities and states require such coverage as a condition for competing businesses to obtain government contracts.  Although domestic partner benefits are increasingly popular, the rules that govern those benefit plans are not uniform.  Below is a discussion of domestic partner benefits and related legal issues.

Who is a "Domestic Partner"? 

A domestic partnership is usually understood to mean two unrelated, unmarried adults who share the same household.  In order to qualify for domestic partner benefits, an employee may need to demonstrate that his or her "eligible partner" meets certain criteria set by the employer. 

The definition used in many domestic partner benefit plans defines an "eligible partner" as someone:

• At least eighteen years old;
• Not related more closely than would be allowed for a legal marriage under state law;
• Sharing a "committed relationship";
• In an exclusive relationship with his or her partner; and
• Financially interdependent with his or her partner.

Some domestic partner benefit plans limit participation to same-sex partners, and participation in domestic partner benefit plans is often limited to those in a relationship that is considered "committed" -- a term that is defined in many different ways.  Some states and cities allow domestic partners to register their partnership.  This registration, while not carrying the same legal status as marriage, is sometimes made a condition of participation in a benefit plan.  Other plans require a waiting period of six months to one year before a partner will be eligible to enroll in the benefits plan.