Consult a Family Law Lawyer in Menifee for Domestic Partnership Benefit Advice

The definition of domestic partnership varies by jurisdiction, and it differs from various workplace rules and benefit plans. In areas recognizing domestic partnerships, two people may register if certain criteria are met. Read on to learn when domestic partners may be covered under the other person’s employer-sponsored benefits plan.

Can Employees’ Benefits Cover Domestic Partners?

Many corporate insurance policies include domestic partner coverage. This coverage is becoming more common, but private companies are not legally required to extend it to an employee’s domestic partner. Nearly all businesses offering domestic partner benefits require the worker to prove that a relationship exists; this step is typically not required of married couples. Most employees document their relationship status with bills and rental agreements.

Requirements for Domestic Partners to Receive Benefits

To become eligible for employment benefits in a domestic partnership, the worker and their family law lawyer in Menifee must prove that their partner meets certain requirements. These vary by employer and by jurisdiction. However, most companies require a partner to:

• Be in an exclusive, committed relationship with the worker.

• Combine their finances.

• Be over the age of majority, which is 18 in most places.

Some benefit plans have language specific to same-sex partnerships, but not all jurisdictions recognize such agreements. In some cases, an employer may impose a waiting period of up to one year before a domestic partner may be eligible for benefits.

Other Types of Covered Benefits

Most domestic partnership benefits plans only offer minimal benefits, which may include coverage of relocation expenses, access to company property and equipment, invitations to company gatherings and extra sick leave if the partner falls ill. While it is rare, some companies extend healthcare benefits to registered partners.

Tax Liabilities of Domestic Partnership Benefits

While spousal benefits are tax-free, the Internal Revenue Service regards benefits for domestic partners to be taxable income. Consult a family law lawyer in Menifee for advice on the tax consequences of accepting such benefits.

Consulting an Attorney

If a worker has questions about getting benefits for their domestic partner, or if they feel as if benefits have been unfairly denied, they should speak to an employment attorney at The Law Office of Michelle Penna can help clients understand their legal rights, and they can determine whether the worker has a case against the employer.

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