What Are Domestic Partnerships
With the U.S. Supreme Court decision in Obergefell v. Hodges, one might assume that domestic partnerships would cease to be a legal factor. However, many couples, both with same-sex and opposite-sex partners, have chosen not to be married, instead remaining domestic partners, and as such, knowing what that status grants to people is still important.
If you and your partner would prefer to be domestic partners rather than spouses, you may wish to consult an experienced Salt Lake City domestic partnership lawyer to clarify your rights and responsibilities regarding available benefits, the process of separation, and even what your rights may be to future spousal support.
Domestic Partnership Laws In Utah
Same-sex couples have been able to marry in Utah since the federal courts struck down the state’s marriage ban in 2014, and nationwide since the Supreme Court’s Obergefell decision in 2015. The older language limiting marriage to one man and one woman still appears in the text of the Utah Constitution, but it has been unenforceable for over a decade. Every couple in Utah, regardless of sex, has the same choice: marry and receive the full set of marital rights, or remain unmarried and build those protections by contract.
Salt Lake County, however, established a Mutual Commitment Registry (essentially a domestic partnership registry under another name) as a way to recognize relationships that were not able to be classified as marriages, and it remains open. There has been no move to abolish it, and indeed it still offers an option for those who want their relationship recognized without going through a marriage.
Reasons To Have A Domestic Partnership Agreement
While the law surrounding marriage and cohabitation may have changed, the underlying reasons to protect your relationship have not. A domestic partnership agreement protects your and your partners’ rights to make decisions for each other, to inherit from each other, and generally to have legal standing in what can be the most important relationship of your life. Here are 3 reasons to have a domestic partnership agreement:
- debt handling
- equitable distribution of property
- estate planning
The primary reason to have a domestic partnership agreement is to govern asset and debt handling while you are together. Property laws that apply to married couples generally do not apply to the unmarried and setting out specific guidelines for distribution – for example, putting an automobile in one spouse’s name because they use it most, but clarifying that this does not necessarily mean they own the car for purchases of asset division – can avoid months of legal wrangling. Utah is a state that requires equitable distribution of property (as opposed to the community property model), and determining what exactly constitutes an equitable distribution can get quite complex unless discussed beforehand.
Another reason many couples opt for domestic partnership agreements to protect their relationships is estate planning. In the majority of relationships, one partner predeceases the other, and without a set plan for asset distribution, their partner may wind up with nothing. It is possible to do this in a standard will, but many couples prefer to handle the issue ahead of time, especially if there is the possibility of the will being challenged.
The unsolemnized
marriage deadline: May 5, 2027
Utah has never had common-law marriage in the traditional sense, but
Utah Code 81-2-408 has allowed a court to declare that a marriage
existed for a couple who lived together, treated each other as spouses,
and were generally known as married, if a petition was filed during the
relationship or within one year after it ended. That has been the safety
net for long-term unmarried partners who separated with nothing.
The 2026 Legislature ended it. Under the amended statute, no petition
to establish an unsolemnized marriage may be filed on or after May 5,
2027. Petitions filed before that date proceed under the existing
rules.
For unmarried partners in Utah, this changes the advice. If your
relationship has ended within the last year and you lived as spouses,
talk to us now about a petition before the deadline. If your
relationship is ongoing, understand that after May 2027 the only
protections you will have are the ones you put in writing: a
cohabitation agreement, joint title, beneficiary designations, and
estate documents. We prepare all of them. Read our guide to common-law
marriage in Utah for the full picture.
Frequently Asked Questions About Domestic Partnerships In Salt Lake City
What is a domestic partnership in Utah?
A domestic partnership in Utah is a legal relationship between two people who live together but are not married. It may provide certain legal rights and responsibilities similar to marriage, but it is not exactly the same as being married under state law.
Why might someone need a domestic partnership attorney in Salt Lake City?
A domestic partnership attorney can help clarify legal rights, assist with agreements or documentation, and protect individual interests when disputes arise between partners in a domestic partnership.
How can an attorney help with issues related to domestic partnerships?
An attorney can negotiate agreements, represent partners in legal disputes, advise on financial or property matters tied to the domestic partnership, and work to protect clients’ legal interests through the legal process.
Domestic Partnerships in Utah: What to Know
Utah does not maintain a statewide domestic partnership registry, but domestic partners in Utah still face real legal questions around property, finances, children, and medical or estate decisions. Whether you are entering a committed relationship or separating from one, an attorney can help protect your rights through cohabitation agreements, property agreements, parentage actions, and estate planning.
Common Domestic Partnership Issues
- Dividing property and debts acquired during the relationship
- Establishing parentage and custody for children
- Cohabitation and property agreements
- Medical and financial powers of attorney
Domestic Partnership FAQs
Does Utah recognize domestic partnerships?
Utah does not maintain a statewide domestic partnership registry, though some benefits may be available through certain employers or municipalities. Unmarried partners can protect themselves with legal agreements.
What rights does a domestic partner have in Utah?
Without marriage, partners do not automatically receive the property, inheritance, or medical decision-making rights spouses have. Cohabitation agreements, wills, and powers of attorney can establish those protections.
Contact A Domestic Partnership Lawyer In Salt Lake City
While issues such as child custody and child support generally cannot be contracted for, it is possible to consult a family law attorney for advice. Jill L. Coil and the firm of CoilLaw, LLC are well-versed in the law surrounding domestic partnership agreements and can help you draft a document that keeps you and the ones you love safe and provided for. Contact us today at (801) 884-3775 or fill out our web form to set up an appointment.
