Domestic Partnership Defined
In Nevada, a domestic partnership is a formal legal relationship between two people that offers many of the same rights and responsibilities as marriage. However, unlike marriage, domestic partnerships are open to couples who have chosen not to marry for any number of personal, religious, or financial reasons. The Nevada domestic partnership law may be a better option than marriage for couples whose religious beliefs do not allow for same-sex marriage but still desire the legal benefits or LGBT couple protections afforded by marriage, or those who either want to avoid the costs of civil marriage or avoid the connotations of "marriage" that some have . The primary difference between domestic partnerships and marriages in the state of Nevada is that domestic partners do not enjoy the benefits of certain federal programs, such as Social Security and immigration programs. In 2019, U.S. citizens must be legally married to sponsor a U.S. visa or an immigrant visa for a foreign-born spouse or obtain a residency permit on their behalf. Domestic partners are not eligible to apply for a green card for an undocumented partner, and it can be more time consuming and expensive to obtain a partner’s permanent residency this way.
Legal Rights of Nevada Domestic Partnerships
Domestic partners in Nevada have a number of legal benefits available to them through the registered domestic partnership law. These benefits include the following, among many others:
Health Care Decision-Making Power and Hospital Visitation Rights
In Nevada, a domestic partner has the same rights as a spouse to make medical decisions for his/her partner and to visit him/her in the hospital. Under NRS 449.61, when making a decision regarding a person’s health care, under certain circumstances, a domestic partner may sign a consent or authorization on behalf of his partner. And if the two have listed one another as medical decision-makers on appropriate forms provided by health care facilities, they may even communicate with one another about treatment options and discuss said options with health care providers.
Speaking of hospital visitation rights, the law provides that a health care facility may not deny a domestic partner visitation rights unless the visitor has exhibited disruptive or inappropriate behavior.
Inheritance Rights
Unlike a spouse, a domestic partner involved in a registered domestic partnership in Nevada does not receive any priority as an heir under Nevada law. At the same time, he or she also has no property rights with respect to the separate property of his/her partner. The law does provide certain benefits, however, such as exemption from an inheritance tax, health care coverage, certain retirement annuity benefits, and exemptions from probate fees.
Who Can Register Domestic Partnerships in Nevada?
To establish eligibility and enter into a Nevada domestic partnership, a couple must be at least 18 years of age and be in a committed relationship similar to marriage. Like couples seeking to marry, potential applicants for a domestic partnership cannot be related within certain degrees of kinship.
According to NRS 122A.090, no parties may apply for a domestic partnership if they have a familial relationship closer than first cousins or if they are currently married to or in a domestic partnership with another person. While it is possible to enter into a domestic partnership if either party has a child with a former partner, the applicant parties cannot be the parents of the same child, as outlined in NRS 122A.090.
How to officially enter a domestic partnership in Nevada
To start the process of registering a domestic partnership in Nevada, interested couples will need to visit the appropriate Nevada county office. Typically, you will go to the County Clerk’s Office that serves the area in which at least one of you is currently living.
If you are already registered with an out-of-state Domestic Partnership, you may not have to pay the Domestic Partnership application fee.
It is important to note that you can establish your Nevada Domestic Partnership even if one member of a couple has previously registered with an out-of-state Domestic Partnership. In addition, you may still enter into a Nevada Domestic Partnership if either partner is already married.
All applicants must sign their Domestic Partnership form and complete it at the County Clerk’s office. Once both partners sign, neither of you can compare your answers to ensure correct responses. Corrections to the form require new declarations and additional filing fees.
Once the County Clerk officially registers your Domestic Partnership, you will receive an official certification. This is time-consuming, so you should allow a few weeks between the time you submit your Domestic Partnership form and when you receive the certificate.
Duties and Responsibilities of Domestic Partners
Under Nevada law, domestic partners have certain legal obligations towards one another. These can be broken down into financial responsibilities and mutual support obligations.
Financial Responsibility
The Nevada Domestic Partner law states that domestic partners are financially responsible for all of the other’s debts acquired during the length of the couple’s partnership. Therefore, if at any time during a domestic partnership, one partner acquires debt, the other domestic partner has a legal obligation to also pay for the debt.
Support Obligations
A domestic partnership is commonly considered similar to a traditional marriage, and is supported by the law. The law places an emphasis on mutual support, and requires that couples be required to use divorce proceedings in order to legally separate. Domestic partners must support one another, and share a primary residence, as well as joint finances.
Termination or Dissolution of a Domestic Partnership in Nevada
There are two (2) different ways that a domestic partnership in the State of Nevada may be dissolved. First, the domestic partners may agree upon the dissolution of the domestic partnership. Second, the domestic partnership may be dissolved by court order. As part of these dissolution proceedings, the court will divide the property and debts acquired during the domestic partnership, similar to divorce proceedings.
Under Nevada law, domestic partners may voluntarily dissolve their domestic partnership if: A voluntary dissolution of a domestic partnership must be approved by the Nevada Secretary of State.
Dissolutions of a Nevada domestic partnership is also possible by court order. Domestic partners may petition the district court for the county in which they are registered as domestic partners for a dissolution. The Nevada district court has exclusive jurisdiction over the dissolution of a domestic partnership. The court may grant the dissolution and make orders regarding the disposition of property and liabilities of the domestic partnership . (Note: the court does not have authority to award alimony support or visitation rights in regard to a domestic partnership.) The Nevada district court also has the authority to determine custody and maintenance obligations of children born to or adopted by domestic partners, similar to divorce proceedings. Custody of children is determined using the best interest of the children standard.
If the issues of property division and liability allocation are contested, the probate court will hear the parties’ requests for an equitable division of their property and debts.
In addition to the foregoing, the Nevada district court may grant a dissolution of a domestic partnership for an act of domestic violence. Domestic violence occurs when a partner within a domestic partnership uses fear and intimidation to control the other partner. These acts of domestic violence include: If the court finds that acts of domestic violence have occurred between domestic partners, it may grant a dissolution of the domestic partnership for a limited time.
Marriage and Domestic Partnership: The Difference
Understanding the differences between marriage and domestic partnership is important for any person considering either. Marriage has a greater legal presumption than domestic partnership, and all marriages are recognized formally in the state, no matter whether they were obtained with a license. Whereas domestic partnerships had to be obtained through a state application process, the Nevada Revised Statutes NRS 122A.200-225 now allow domestic partnerships to be obtained by filing a simple Affidavit of Domestic Partnership.
Marriage is defined as a union between a man and a woman, and the definition cannot be modified. Domestic partnership is defined in NV Rev Stat ยง 122A.050 (2013) as a legal union between two adults of the same sex. This definition can be revised by the Nevada Legislature, so an argument can be made that this is not a binding definition. Domestic partnership also allows an adult of either gender to enter into a legally binding relationship with another adult of either gender.
The financial privileges with each are different; with domestic partnership, community property is treated like separate property unless the parties execute an agreement to the contrary. There is no such presumption attached to marriage. Still, community property laws define what constitutes community property, and in general a marriage is entitled to the same protections as a domestic partnership if the couple agrees.
Socially, the chief benefit of marriage is a clear public statement about a commitment many people wish to make, whereas domestic partnership is often viewed as a possible alternation to marriage that recognizes the rights of parties who may be unwilling to enter a conventional marriage.
Domestic Partnerships and Taxes
When entering into a domestic partnership, many ask whether that will have any tax effects for their legal rights, benefits, and obligations. Domestic partnerships do have tax implications in Nevada. Generally speaking, Nevada domestic partnerships are treated like marriages for tax purposes. As such, the Nevada Revised Statutes provide the following rules:
To the extent not superseded by the particular provisions of this chapter, the provisions of title 26 of the Internal Revenue Code of 1986, as amended, with respect to federal tax, and the provisions of NRS chapters 363A and 363B with respect to net proceeds of minerals, apply to domestic partners and domestic partnerships. (NRS 122A.200)
Domestic partners will have similar or identical tax benefits and disadvantages of married couples. For example, similar to married couples, Nevada domestic partners will be considered to have gift and estate tax benefits and disadvantages for federal and state taxes. Domestic partners will not be able to transfer real or personal property when purchasing the assets in joint tenancy. To do so, domestic partners will have to pay Nevada’s equivalent of a gift tax. This is because when a married couple transfers real or personal property to a third party, they do not have to pay estate taxes. However, the State of Nevada will not treat domestic partners and domestic partnerships the same as similar heterosexual relationships for the purposes of estate taxation.
For personal property, when a domestic partner dies, their personal property will transfer to their domestic partner without the payment of taxes. However, when two domestic partners purchase personal property together in joint tenancy, they will have to pay a gift tax. Domestic partners will receive the same gift tax advantages when gifting to each other as it would apply to married couples, generally speaking.
Nevada Domestic Partnerships FAQs
Does a Nevada Domestic Partnership give a couple the same legal status and rights as marriage?
Yes, domestic partnerships in Nevada are legally the same as marriages when it comes to rights and benefits. All the benefits available to marrieds are also available to domestic partners.
How do you register your Nevada Domestic Partnership?
You must fill out the registration application and have both parties sign it in front of a notary. Then you have to pay the appropriate fee and hand in the application. The county clerk in your county will issue you a Certificate of Domestic Partnership.
I’ve been legally married in another state. Will that affect my Nevada domestic partnership application?
No. A couple need only be legally registered in Nevada as a Domestic Partnership; you do not have to have been married in Nevada. However, if you have been married in another state, you might first need to have that marriage annulled or dissolved, as Nevada domestic partnership law does not allow domestic partnership for those who are already legally married. In other words , you can’t be both married and a domestic partner at the same time in Nevada.
Do domestic partners have the same rights to their partner’s Social Security benefits as married couples?
Yes. Social Security benefits extend to domestic partners in the same manner as they do to married couples.
Do domestic partners have access to workers’ compensation from the other partner’s injury or worker death?
Yes. If a domestic partner is injured in a workplace accident, the other domestic partner may file a claim for workers’ compensation for medical costs and lost wages. In the event the injured partner dies as a result of the accident, the remaining domestic partner may also file a claim for workers’ compensation death benefits.
Can I obtain my former domestic partner’s medical records?
Under HIPAA, domestic partners have the same rights as spouses in obtaining their partner’s medical records. You can sign a limited release to give additional specific authorization.