What Is a Domestic Partner and How Do Employers Define It?

A domestic partner is generally defined as an unrelated, unmarried person who shares a residence and a committed, intimate relationship with an employee. This partnership can involve two people of any gender and is not legally recognized as marriage in their state of residence. 

Some state laws and employer-provided health plans also use the term "spousal equivalent" to describe a relationship that provides the same emotional, physical and financial commitment as a legally sanctioned marriage.

Some states, like California, require domestic partners to register their partnership to receive specific legal protections under family law. The California Insurance Equality Act requires California health care service plans and health insurers to provide coverage to registered domestic partners of employees, subscribers or policyholders.

When offering domestic partner benefits, employers should clearly define what constitutes a "domestic partner" within their organization’s policies. This definition helps set expectations for employees and ensures clarity in benefit administration. It's also crucial for employers to consult relevant state laws to align their policies with legal requirements and avoid potential compliance issues. Regularly reviewing these definitions and staying updated on any changes in state regulations can help maintain fair and equitable benefit offerings.