In some parts of the world, marriage is the only way to join two people together legally. In other places, like New York, you can either get married or enter into a domestic partnership. It’s important to research domestic partnership vs. marriage in New York to see which option is right for you. Be sure to hire a domestic partnership lawyer if you choose to pursue a domestic partnership. They can explain what specific rules apply to your unique household situation.
Work With a Trusted New York Domestic Partnership Attorney
Since 2009, Jonathan Trotto, the founding attorney of Trotto Law Firm, P.C., has helped hundreds of New York residents seek clarity in their unique set of circumstances. He values New York’s legal process and making it easy to access for his clients.
When you come to meet with us during a confidential consultation, you can explain your situation and needs in full detail. From there, we can offer transparent legal advice. That way, you can make the right decisions for your domestic partnership case.
What Is Marriage?
There are a lot of important decisions to make in life, and one of the biggest is what type of arrangement to enter into when you and another partner decide to share your lives together. Understanding what makes these two types of relationships different is important before you make a choice that will guide the rest of your life.
Marriage is the official legal union between two people that the government recognizes. In 2024, approximately 4,382,123 married couples were living throughout New York State.
To get married, you must seek a marriage license from the state of New York. Getting this license usually requires you and your partner to appear in person at a clerk’s office, fill out an application, and pay a fee. Once the license is issued, you have 60 days to get married.
After the marriage ceremony, the officiant signs the marriage license and sends it back to the clerk’s office to be recorded. To officially get married in New York, you must be at least 18 years old. If you are under this age limit, you can get married with the consent of your parent or guardian. You could also get married with permission from a judge. Some other details of getting married in New York include the following:
- You do not need to be actively residing in New York to get married in the state.
- There is no waiting period to get married in New York once you have obtained your marriage license.
- You can have your marriage ceremony performed by various officiants, including priests, ministers, rabbis, and civil servants.
- If you are already married to someone else, you cannot get married again in New York unless you are legally divorced. In 2024, there were around 1,688,716 divorced residents of New York State.
What Is a Domestic Partnership?
A domestic partnership in New York is a legal relationship between two people who live together and are not married. To form a domestic partnership, you must file a notice of domestic partnership with the New York Secretary of State.
Notably, this used to be done by same-sex couples before marriage equality was legalized in New York in 2011. Between 2021 and 2022, an estimated 1,151,100 adults in New York State were lesbian, gay, bisexual, or a different sexual identity. After legalization, the number of domestic partnerships in the state has decreased dramatically. However, the option still exists for those who choose not to marry or cannot marry under state law.
Domestic partnership laws establish a few key differences between domestic partnerships and marriage in New York. One is that domestic partnerships are not recognized by the federal government, while marriages are. Therefore, if you are in a domestic partnership and your partner dies, you cannot receive Social Security benefits or any other type of federal survivor benefit.
Another difference is that there is no waiting period to form a domestic partnership in New York. Once you have filed your notice of domestic partnership, it is effective immediately. Finally, while there is no specific age requirement to enter into a domestic partnership in New York, you must be legally competent to enter into a contract. This means you must be of sound mind and not be under the influence of drugs or alcohol, among other conditions.
There are many factors to consider when choosing between marriage and a domestic partnership. Ultimately, that decision is up to you and your partner. If you are unsure, speak with an attorney to learn more about the pros and cons of each type of relationship before deciding.
Domestic Partnerships Throughout New York and Other States
Many people think that common law marriage grants partners specific legal rights. However, simply living together and sharing a life together, often called cohabitating or common law marriage, doesn’t create legal protections or rights for partners in New York. Instead, to get legal benefits, partners need to register either for marriage or a domestic partnership.
While New York City recognizes domestic partnerships, it isn’t recognized statewide. This can become complicated for couples looking to move. In 2026, the cities that recognize domestic partnerships in New York are:
- Albany
- Babylon
- East Hampton
- Great Neck
- Great Neck Plaza
- Greenburgh
- Huntington
- Ithaca
- New York
- North Hempstead
- North Hills
- Rochester
- Southampton
- Southold
In 2026, the counties in New York State that recognize domestic partnerships are:
- Albany County
- Rockland County
- Suffolk County
- Westchester County
Statewide, domestic partnerships are only available to state employees. In 2026, the only states in America that offer full domestic partnership benefits across their jurisdiction are Connecticut, Hawaii, Nevada, Oregon, Vermont, and Washington.
Ending a Domestic Partnership in New York
To terminate a domestic partnership, one partner needs to file a termination statement with the city clerk. For residents of New York City, this can be done at one of the various office locations, depending on your borough. Both partners can sign the termination agreement, or only one partner may do so.
If only one partner signs, they must first notify the other partner by registered or certified mail and bring proof of it when filing the termination agreement. Once filed, the filing partner must then pay the filing fee.
Termination of a domestic partnership can also happen if one partner legally marries another person.
While filing a termination agreement ends the domestic partnership, the partner will still need to handle legal disputes over their shared property, debt, and child custody.
FAQs
Q: Is a Domestic Partnership the Same as Marriage in New York?
A: No, a domestic partnership is not the same as a marriage in New York. It is a legal relationship between two people who live together and are financially dependent on one another, but they are not married. Domestic partnerships provide some of the same rights and benefits as marriage, like hospital visitation rights, but they do not grant all the rights and benefits recognized at the federal level.
Q: What Is the Difference Between a Marriage and a Domestic Partnership?
A: The main difference between a marriage and a domestic partnership is that marriages are recognized by the federal government, while domestic partnerships are not. This means couples in domestic partnerships do not have access to federal benefits, like Social Security survivor benefits or spousal immigration status. Additionally, marriages can only be ended through divorce, while domestic partnerships can be ended by either party simply moving out of state.
Q: Does Having a Domestic Partnership Mean You’re Married?
A: While two people will enter into a domestic partnership to feel like they’re married, it’s not the same as a marriage. A marriage is a legal contract that can only be ended by divorce, while a domestic partnership doesn’t have to be ended through any specific process and can be ended simply by one person moving out of state. While you can share with others that you feel married to your partner, the legal reality is that you aren’t.
Q: Can You Enter a Marriage After Being in a Domestic Partnership?
A: Sometimes, after being in a domestic partnership, a couple will want to get married. If this is the case, they can simply get married like any other couple. There is no need to dissolve the domestic partnership first, as it will automatically be dissolved when the marriage is registered. This is also one of the benefits of a domestic partnership—it can be ended much more easily than a marriage.
Contact Trotto Law Firm, P.C., Today to Hire a Domestic Partnership Lawyer
If you have questions about domestic partnership vs. marriage in New York, or any other family law matters, contact Trotto Law Firm, P.C., today. Our experienced team can guide you through each option in greater detail and try to assess which would be suitable for you and your family. Contact us today to schedule a consultation and learn more about marriages and domestic partnerships in New York.
