Domestic Partnerships in New York
How Is a Domestic Partnership Defined Under New York Law?
In New York, a domestic partnership is defined as a legal relationship between two people who live with one another and share much of their lives, but are not married or united in a civil union. Under some state laws, including those of California and Nevada, domestic partnerships function in much the same way and legally recognized unions, whereas other states may bestow fewer rights to individuals in domestic partnerships.
How the law views domestic relationships is continually evolving, and depends on the jurisdiction where a couple resides. For example, couples who reside together for a long period of time may be eligible for various legal rights in a domestic partnership, provided it is established in the jurisdiction. Ultimately, registration of a domestic partnership allows for the jurisdiction to formally recognize the relationship.
Protecting Your Rights through a Domestic Partnership
Domestic partners may be entitled to certain rights, including the recognition of contribution one individual makes to the property of the other. Devices like the constructive trust are options which may be used by partners in legal marriages, but may not be available to domestic partners. This has prompted courts to find another way to protect the partner who makes contributions to the other’s property.
Some couples enter into a domestic partnership to agree on issues involving:
- Property ownership
- Support obligations
- Issues common to marriage
Same-Sex Marriage vs. Domestic Partnerships in New York
Although same-sex marriage is now legal in all U.S. states, domestic partnership is still an option. It does, however, come with more limited rights. In New York, lawfully married individuals, including those in same-sex marriages, are entitled to more rights and benefits than those registered as domestic partners. Furthermore, if a couple enters into a same-sex marriage in a state other than New York, they are still entitled to some of the same rights and benefits available to lawfully married couples in the state.
If you have questions about domestic partnerships in New York, please schedule an initial consultation with our divorce attorney, Lois M. Brenner, Esq. Call now: (646) 663-4546.
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We have Lois Brenner to thank for turning our marriage around. We hired Lois as our mediator when we were considering divorce. When we started working with her and she realized we wanted to try to keep our marriage together she suggested a postnuptial agreement to get our marriage back on track. Having the postnuptial agreement made us both accountable when it came to our issues. Having this doc in place is clearly helping us redefine our marriage in a better way. I don’t know if we will never get divorced, but for now we are respecting each others’ boundaries and are aware of the consequences if we don’t! It was really cool that Ms. Brenner suggested this method as an option. Most divorce attorneys would not have suggested a way for us to try to stay together. She is very talented and unusual in the best possible way. If we choose to take the divorce path eventually we will definitely hire her again. In the meantime we are making it work. She is amazing.- Joseph M
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I utilized Lois's services for divorce. She was most helpful in all aspects. First, she explored reconciliation, which was the right thing to do. Absence of that, her suggestion of what to negotiate for, how to do it without unnecessary anger & hostility to the ex & how to expedite the process was invaluable. Timewise she was excellent & sympathetic to what I was going through. She was always available & her fees were very reasonable. I would strongly recommend her as a divorce /representative attorney.
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Finding my way to Lois was the best thing that could have happened during my very contentious divorce. Lois took on my case with a level of care that has been above and beyond. She has been an incredible advocate for me, both legally, guiding me through this difficult process with knowledge and wisdom, and also personally, helping give me strength and support to stand up to my very aggressive ex husband. Lois is a gift, and I am so grateful to her and for the future she is helping to make possible to myself and for my son.- SC
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Lois Brenner, her colleagues, team of experts and staff are phenominal. I hired them to help me to see my son who had been taken out of state by my wife during this insane pandemic. She decided to take him to stay with family but then she sideswiped me with a divorce. I was devastated. Lois Brenner and her litigation partner fought for me and made it possible for me to see my son. They are handling my divorce now and their strength and support is getting me through a really tough time. They are smart, tough and highly experienced.
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“Thank You, Thank You, Thank You!”- Sara and Jeff
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Lois was an absolute pleasure to work with. She worked on a prenuptial agreement for me. Our very first conversation put me at ease. She was interested in my upcoming marriage and wedding. She assured me the prenuptial agreement could be drafted quickly. She made intelligent recommendations to address some of my complex financial decisions. She also made sound suggestions to protect my multi-million dollar portfolio. Our wedding is coming up and will be a lot smaller than we originally thought due to COVID-19, but Lois Brenner got our prenuptial agreement done in time, and made it a lot more pleasurable experience than I thought it would be. I would recommend Lois to anyone seeking a truly skilled attorney to draft their prenuptial agreement.- Glen Mearns
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Lois Brenner is a remarkable attorney and compassionate advocate for dads. She guided me when I was confused and didn't know what to do to get shared custody of my daughter. She encouraged me to stay strong and to fight, and she negotiated a much better custody arrangement than my previous lawyer. What great attorney. Thank you Ms. Brenner- Christoff
