Domestic Partnership in New York State

In New York State, a “domestic partner” is a person who is in a relationship with another person: a health maintenance organization (HMO) handles the current procedure for registering domestic partners and requires the Department to interpret the Insurance Act differently. It calls on the ministry to do the following, stating: Qualifications for domestic partnerships vary from state to state and not all states offer this agreement, although some cities and counties may offer this option even if it is not provided by their state. In New York, those seeking a domestic partnership must meet qualifications very similar to those of marriage. Any life, accident, sickness or pension insurance contract issued or issued for delivery in that State shall contain the entire contract between the parties, and nothing shall be contained therein by reference to a document, unless a copy of it is attached or attached to the contract at the time the policy or contract is issued. (Emphasis added). The definition of family is evolving. Why legal marriage is still commonplace, many couples choose not to marry even if they are in committed relationships. Many of the dynamics of engaged relationships are objectively the same as those of married couples. For example, in addition to living together, they can have children together and they can mix assets. Their relationships sometimes end, just as marriages sometimes end. As a result, the law has also evolved over the years to create a legal structure around these relationships.

New York has enacted a Domestic Partnership Act to legally recognize the engaged relationships of couples who choose not to marry and to protect the rights of those in such relationships. If you have a committed relationship and have questions about your legal rights and obligations, contact an experienced New York Resident Partnership Attorney at Stephen Bilkis & Associates. Insurers should not assign ultimate responsibility for determining whether a domestic partner is eligible for employer groups. This should not be interpreted as preventing an insurer or HMO from delegating some responsibility to the employer group for determining which employees and dependents, including domestic partners, are eligible under the employer`s group health insurance plan, provided that the employer group applies the eligibility criteria of the HMO or insurer. The ultimate responsibility and authority to ensure that only eligible persons recognized by the Insurance Act are covered by the contract remains with the insurer or HMO. Just like married couples, domestic partners have concerns about asset protection, child custody, visitation, child support, and maintenance. Although registration as a life partner offers couples benefits and rights to which they would not otherwise be entitled, it does not give the couple all the rights of marriage. An experienced life group partnership attorney who serves New York in the law firms of Stephen Bilkis & Associates can help protect your interests in asset protection, custody, and child support. Contact us at 800.696.9529 to arrange a free and no-obligation consultation on your case. We represent clients in Nassau County, Bronx, Brooklyn, Queens, Long Island, Manhattan, Staten Island, Suffolk County and Westchester County. To create a domestic partnership, a form is submitted, most of which are submitted to the county.

Each district or city clerk office has its own format. Both partners must be physically present at the Clerk`s office to submit an application and must identify themselves. Fees must be paid. The application must be signed by both partners. The Clerk`s Office will notarize it. The couple receives a certificate of domestic partnership. Therefore, under the current legislation, the Department would not be able to remove the requirement to prove the financial interdependence of domestic partners, as you are requesting. If coverage can be extended to those who are “dependent” or “primarily dependent” on the insured (i.e., in the case of group policies underwritten by a commercial or not-for-profit insurer, or drafted individually by a commercial insurer), the ministry would approve coverage for domestic partners who can demonstrate the required dependency. 2. Does the insurance service have to review all domestic partnership affidavits before they are used by each insurer to determine the eligibility of the domestic partnership? If a person legally enters into a same-sex marriage in a state other than New York, they are entitled to most of the New York benefits and rights granted to other people legally married in New York City. If you wish to enter into a marriage in jurisdictions outside of New York State, I recommend that you contact that state court and find out if there are any restrictions or requirements regarding marriage in that particular jurisdiction. Note: Your domestic partnership certificate is legal proof of your relationship and sufficient documentation when applying for certain benefits.

Under the New York Domestic Partners Act, a person is a domestic partner if he or she enters into a domestic partnership or is registered as a domestic partner, is designated as a beneficiary of the other person, or is insured under that person`s benefits, or is dependent or interdependent on the other person. Examples of interdependence are common ownership of housing, income accumulation and having children in common. People who are legally married, including those of the same sex, are entitled to higher benefits and rights in New York State than people who are registered “life partners.” Note: State laws can always change through the passage of new laws, decisions of higher courts (including federal decisions), voting initiatives, and other means. While we strive to provide the most up-to-date information available, please contact a lawyer or conduct your own legal research to review the state laws you have studied. To learn more about the rights and benefits of domestic partners, contact an experienced New York attorney for domestic partnerships. .