{"id":4163,"date":"2019-03-27T16:41:42","date_gmt":"2019-03-27T23:41:42","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/arizona-family-law\/?p=4163"},"modified":"2024-10-31T16:55:36","modified_gmt":"2024-10-31T23:55:36","slug":"domestic-partnerships-in-arizona","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/arizona-family-law\/blog\/domestic-partnerships-in-arizona\/","title":{"rendered":"Domestic Partnership Laws in Arizona"},"content":{"rendered":"

Introduction<\/h2>\n

Domestic partnerships can be rather confusing as the rights and privileges of a domestic partnership vary from state to state. State law reigns supreme for the issue, yet there are many cities and municipalities that address domestic partnerships with local laws and ordinances.<\/p>\n

While such measures are usually intended to further the rights of same-sex couples, they often serve to muddy the waters and make the legal status even more confusing.<\/p>\n

What is a Domestic Partner in Arizona?<\/h2>\n

Generally speaking, a domestic partner is an unmarried individual who shares a residence with their sexual partner. Most domestic partners are same-sex couples, but the same opportunity is extended to unmarried heterosexual couples.<\/p>\n

The state of Arizona recognizes domestic partnerships, though only for limited purposes. The most common example is when a hospitalized patient cannot communicate with their doctors to make important healthcare decisions. In such cases, an unmarried, domestic partner may be permitted to act as a healthcare proxy or surrogate under ARS \u00a736-3231<\/a>.<\/p>\n

Domestic Partnership Benefits<\/h2>\n

Many cities including Phoenix and Tucson recognize domestic partnerships and maintain registries where partners may file a declaration of domestic partnership or civil union. Unfortunately, the rights of domestic partners are still quite limited.<\/p>\n

A domestic partner has the right to visit their partner in a hospital or healthcare facility and serve as their healthcare proxy. However, they do not enjoy the legal rights and privileges afforded to married couples in Arizona.<\/p>\n

Some insurance companies in Arizona extend coverage for domestic partners, but they are not required to do so by law. Unfortunately, that means it\u2019s up to the insurer\u2019s discretion to which, if any, benefits are extended to domestic partners.<\/p>\n

Understanding this, it\u2019s safe to say there\u2019s only one guaranteed benefit for domestic partnerships in Arizona: the right to visit their partner in a healthcare facility or hospital. Unfortunately, the benefits of a domestic partnership end there.<\/p>\n

The Difference Between Domestic Partnership and Marriage<\/h2>\n

Marriage comes with a number of rights and privileges that vary from state to state. In Arizona, the following rights are automatically extended to married couples:<\/p>\n

Community Property<\/h3>\n

From the moment you\u2019re married, most assets either spouse acquires are shared equally as community property<\/a>. The only exceptions are gifts and inheritances. Outside of that, separate property<\/a> is limited to assets acquired before the marriage, and assets acquired after a legal separation<\/a> or divorce<\/a>. Even then, separate property that becomes commingled with community property to the extent it becomes indistinguishable legally becomes community property (e.g. if you liquidate a 401k from before your marriage and deposit the proceeds in your joint savings account).<\/p>\n

Inheritance Rights Under Intestacy Proceedings<\/h3>\n

When someone dies without a will, their estate is considered \u201cintestate<\/a>\u201d and subject to pass to their legal heirs through intestacy proceedings. When you\u2019re legally married and either have no children or exclusively have children with your current spouse, your spouse is entitled to receive your entire estate. If you have children with another partner, your current spouse is entitled to receive 50% of your estate, while your children from separate relationship(s) are entitled to 50% of your assets.\u00a0<\/span><\/p>\n

Health Insurance Coverage<\/h3>\n

Insurance companies are required to extend coverage to the primary policyholder\u2019s legal spouse.<\/p>\n

Health Care Proxy<\/h3>\n

When a married individual is incapacitated and cannot communicate with his or her healthcare providers, the individual\u2019s spouse is entitled to serve as their healthcare proxy. He or she has the right to access confidential medical files, communicate with doctors, and make important healthcare decisions until the incapacitated individual regains their capacity.<\/p>\n

Parental Rights<\/h3>\n

When a child is born to a married couple, paternity is automatically assumed for the married spouse.<\/p>\n

Spousal Maintenance<\/h3>\n

In certain divorce and legal separation cases, a spouse is entitled to ongoing financial support in the form of spousal maintenance.<\/p>\n

Unfortunately, Arizona law does not automatically extend these rights to domestic partnerships in Arizona. The only way for same-sex couples to enjoy these rights is to get married.\u00a0<\/span><\/p>\n

How to Become a Domestic Partner in Arizona<\/h2>\n

Unmarried individuals participating in a domestic partnership who meet the established criteria<\/a> may apply to record their domestic partnership on the local registry. The criteria include:<\/p>\n