Domestic Partnerships in Colorado: Key Facts You Should Know
Many committed couples want to formalize their union but may not desire the legal framework of marriage. For these couples, a domestic partnership — also known as a civil union — can be a valuable alternative. At Robinson & Henry, we have helped hundreds of couples seeking domestic partnerships in Colorado understand the nuances of this agreement and secure their rights through a civil union. In this article, we’ll explain what a domestic partnership is, who qualifies for it, the rights and obligations it grants, and how to dissolve one.
An Overview of Domestic Partnerships
Civil unions provide important protections and peace of mind for committed couples who are mutually dependent on each other for care and support as they navigate life's challenges together. These unions grant couples certain rights and responsibilities similar to those of spouses. However, it's important to note that not all states recognize domestic partnerships. If you travel out of state, you might not receive your usual rights as a domestic partner. Colorado, Vermont, Illinois, Hawaii, New Jersey, California, D.C., Oregon, Nevada, Maine, Washington, and Wisconsin recognize domestic partnerships and civil unions.
What is a Domestic Partnership?
A domestic partnership is a legal agreement that allows a couple to receive many of the same rights and benefits as a married couple without the full legal status of marriage. In Colorado, domestic partnerships are made possible through the Colorado Civil Union Act, passed in 2013. This act is designed to offer committed partners legal recognition at the state level.
Domestic Partnership vs. Marriage
One of the primary differences between a domestic partnership and a marriage is that domestic partnerships are not recognized at the federal level. When it comes to your rights within a domestic partnership, Denver, Colorado, is one of the few places that recognize this status, along with the rest of the state. If you and your partner were to move to another state, such as Ohio, you might lose your civil union rights. As Colorado is one of a limited number of states that recognize domestic partnerships, we encourage our clients to review civil union laws before considering relocation to another state.
Because domestic partnerships are not recognized at the federal level, domestic partners are not entitled to certain federally regulated rights, including:
Social security benefits
Federal tax advantages
Retirement benefits (unless one partner is listed as the beneficiary)
Immigration privileges
Additionally, should a domestic partnership end, it could be subject to different regulations regarding the division of assets compared to those of a divorce.
It is important to discuss these differences with an attorney to decide what type of formal relationship is right for you and your partner. A member of Robinson & Henry’s Family Law Team will be happy to discuss the differences in detail during a consultation.
Are Domestic Partnerships Legal in Colorado?
Yes, domestic partnerships are legal in Colorado. From Durango to Denver, domestic partnerships are recognized throughout the Centennial State. However, couples must register with the state to receive the legal protections afforded by a civil union.
Domestic Partnerships in Colorado: Guidelines, Process, and Termination
If you are interested in entering into a civil union, it’s important to follow the proper procedure and fully understand the terms of the agreement. In the following sections, we’ll cover how you can qualify for a domestic partnership, what legal protections you’ll have through a civil union, and what happens if your domestic partnership ends.
Guidelines for Colorado Domestic Partnership
To qualify for a domestic partnership, you need to meet certain criteria. A couple can enter into a domestic partnership if:
Both individuals are at least 18 years old
Neither person is already in another civil union
Neither person is married to another party
The two individuals are not related in a way that would make marriage illegal
They live together
Both parties are mentally sound and competent to enter into such an agreement
Partners in a civil union are entitled to many of the same rights and duties as spouses in Colorado, including:
Unemployment benefits
Health insurance
Pension benefits (under certain circumstances)
Protection from discrimination based on marital status
The right to pursue a wrongful death suit if one partner passes away
Adoption process and legal framework
Visitation and notification rights during medical treatment or hospitalization
Financial support
Protected conversations (e.g., when one partner is involved in a lawsuit or criminal case)
This list doesn’t cover all benefits and obligations, and some items have exceptions and conditions. If you’re considering a civil union, Robinson & Henry would be happy to discuss the comprehensive list in detail during your consultation.
Process for Colorado Domestic Partnership
If you meet the criteria listed above, here’s how to obtain a certificate of domestic partnership:
Schedule an appointment at your county clerk’s office
Fill out the domestic partnership application
Provide valid photo I.D.
Show proof of cohabitation (a utility or phone bill listing both parties’ names is usually sufficient)
Pay the $25 application fee
After submitting your application and the required documentation, the registrar will record your information and issue copies of your domestic partnership certificate. Keep these copies safe, as you’ll need them to prove your eligibility for certain benefits granted under domestic partnership regulations.
Termination for Colorado Domestic Partnership
It's crucial to file for termination if your domestic partnership ends. Failing to complete a termination of domestic partnership application could result in you and your former partner remaining bound by the domestic partnership laws, even after your relationship has ended.
A domestic partnership can be terminated under these conditions:
One party passes away
The couple no longer lives together
It’s discovered that the partners are related by blood
The partners become related through adoption
One partner enters a marriage or domestic partnership with another individual
The relationship ends
If any of these conditions are met, you must:
Submit a notice of termination
Have both parties sign the notice
Pay the $25 fee
Terminating a domestic partnership is typically less complex than getting a divorce.
Division of Assets
A key difference between domestic partnerships and marriages is that assets or debts acquired during a domestic partnership are not considered “marital” assets. Consequently, after terminating a civil union, courts don’t automatically proceed with the “equitable distribution” of shared assets.
When ending a domestic partnership, you may need to file a partition case to divide any shared property. In most cases, you may be required to sell jointly owned properties and split the proceeds. Debts typically remain with the individual who incurred them, as they don’t become “shared” in domestic partnerships.
Couples can use mediation to determine a fair division of assets. However, if a couple has created a contract before entering their domestic partnership that specifies how assets will be divided, that agreement will generally take precedence. A domestic partnership attorney can guide you through the mediation process or the creation of a partnership agreement.
We Can Help You at Robinson & Henry
If you’re in a committed relationship and want legal recognition of your union without matrimony, contact a civil union attorney at Robinson & Henry. A domestic partnership can provide you and your partner with important rights and protections, making it easier to navigate life’s challenges, including financial changes, medical events, adoption, and more.
We’d be happy to provide you with a case assessment to determine if you qualify for a domestic partnership. Our well-seasoned lawyers will support you every step of the way, from submitting your documents to upholding your civil union rights.
