Domestic Partnerships in Nevada

LegalMatch Law Library Managing Editor, Ken LaMance, Attorney at Law

In the United States, issues of family law are almost exclusively determined by individual states, and the federal government’s involvement is minimal. As such, the decision to recognize same-sex marriage, or some other form of legal union, rests entirely with the states.

 

A small minority of states recognize same-sex marriage. A larger number, but still a minority, have alternative arrangements for same-sex couples, which tend to offer most (or, in some cases, all) of the legal rights and responsibilities associated with marriage, while going by another name, such as “domestic partnership” or “civil union”. 

Beginning in October of 2009, Nevada has begun recognizing domestic partnerships for same-sex couples. These partnerships are almost identical to marriage, with the most important distinction being the name.

 

The rights associated with domestic partnerships include the right to inherit a partner’s property through intestacy, the right to transfer certain pieces of property to one’s partner without paying taxes, the right to sue for the wrongful death of a partner, and application of Nevada’s community property rules to domestic partnerships, among others.

 

Unlike many other states, domestic partnerships in Nevada are not limited to same-sex couples; opposite-sex couples may also enter into domestic partnerships. To enter a Nevada domestic partnership, each party must be at least 18 years of age, they must both be competent to consent to enter a contract, they must share a common residence, they must not be related by blood in any manner that would prevent them from being legally married to each other in Nevada, and neither party may be married or in a domestic partnership with another person.

There is a federal law known as the Defense of Marriage Act (DOMA), which bars the federal government from recognizing same-sex marriage, or any other legal union for same-sex couples offered by the states.

 

For same-sex couples in Nevada, this affects many federal benefits, including social security, joint federal tax returns, and benefits for the spouses of federal employees. Essentially, the members of a same-sex domestic partnership in Nevada will both be treated as single by the federal government.

 

Furthermore, entering any same-sex legal union is treated by the military as an admission of homosexuality, and triggers its “don’t ask, don’t tell” policy, and could therefore result in a less-than-honorable discharge. If you or your partner currently serve in the military, this is an important consideration.

Because the situation involving same-sex marriage and domestic partnerships in the U.S. is complicated by federal law, and varying recognition by individual states, you should contact an experienced family law attorney in Nevada if you have any questions on this matter.

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