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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Lois is a “Rock Star” I was very worried about my daughter who was in a really bad marriage. I started researching divorce attorneys and found Lois Brenner. I called her, discussed my daughter’s horrible marriage and she agreed to meet with us. Since my daughter’s husband wanted out of the marriage too (he was cheating), Lois suggested she help them dissolve their marriage in mediation. To my surprise it worked out. Lois was able to keep my daughter and husband from fighting during their sessions, and she helped them resolve all their financial issues. Since I was paying the fees to help my daughter, not having to go to court saved us a great deal of money. As a father, I am truly grateful for everything Lois did. Her talks with me in the beginning of the process, to calm me down, really helped. I would highly recommend her to anyone thinking of divorce.- Graham (happy dad)
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I met with Lois Brenner nine months ago, and my life has been changed for the better! She and her legal team really encouraged me to leave a very abusive husband. They gave me the knowledge and courage to take the necessary legal steps. My parents were helping me and found Lois to be smart, and compassionate. My whole family felt really comfortable having her handle my case. I am finally divorced, away from an abusive man and ready to start a new life. I can’t thank Lois and her legal team enough for all the support I received. I got a much better settlement than I expected because they were relentless in locating money my husband had hidden. Thank you so much!- Kim B.
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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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What a gem! Lois Brenner is the best out there by far... She got my husband and I right away. Listened, guided, let me cry, and never gave up on us during our mediation sessions. It was not easy but she made it possible. Even my husband liked her and agreed to mediate after we had lots of arguments. Thank you Lois. I already recommended you to my cardiologist. Have a happy, productive New Year.- Bernie A.
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Dealing with this firm was a gift from above. They were very understanding and made the whole process painless. They are open after regular work hours which was super convenient for a working professional. As a Surgeon in NYC going through this process the firm was very accommodating to my changing schedule. I am forever grateful that the firm was able to find a great solution to all issues so that everyone was taken into account and came to a responsible agreement. Thank you Lois Brenner you are the best!- Jose Loor
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I am a highly successful money manager and before meeting Lois Brenner, hiring a divorce attorney was a disaster. Two previous divorce attorneys really wasted my funds, and had no savvy when it came to asset and property distribution. Lois Brenner finally fixed the mess I was in. She and her team of financial experts, including attorney Matthew Ehrlich were able to prepare an asset and property distribution that was realistic, keeping in mind tax ramifications, and important distributions and allocations. They negotiated a thorough and financially sound divorce settlement. If you have a lot of assets, just any divorce attorney won’t do. You really need someone with a lot of knowledge. Lois Brenner and Matthew Ehrlich were really impressive. Thanks!!- Michael C.
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Going through with our divorce was very difficult time for me and my ex husband. Finding the right lawyer was very confusing, frustrating and time consuming. I was very lucky to find Lois. She is professional and human at the same time. In a few sessions she answered all of our questions, gave us great advice and filled and filed all paperwork for us. Our divorce was finalized very quickly and thanks to Lois it was very smooth process. If my best friend would need a divorce lawyer I would recommend Lois without any reservations.!!! Christina C.- Christine C.
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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
