A Domestic Partnership vs Civil Union in Florida

While most relationships are defined and driven by deep personal connections, it’s important to recognize that the shape of your relationship can also have legal implications. In Florida, many rights and benefits are reserved for those couples who take the step of getting married. Making medical decisions for an incapacitated partner, sharing health benefits, and even dividing assets can be quite complex matters when there isn’t a marriage certificate involved.

Yet, there are situations where marriage in Florida isn’t practical. The state still doesn’t legally recognize same-sex marriages. Indeed, a lot of couples today prefer not to get married, seeing it as an outdated institution. To enjoy rights and responsibilities without getting married, you may be considering whether a domestic partnership or civil union might provide a viable alternative. While these may have some similar intentions, they are quite different from one another. So, let’s dive a little deeper into domestic partnership vs civil union in Florida, and what you should consider.

Understanding the Definitions

Domestic partnership and civil union are both ways of formalizing your relationship. The first step in choosing which is right for you is to understand the definitions of each. This helps you to not just put a label on your preferred status, but also identify the most relevant information when performing research into what steps to take to prepare for and arrange the right arrangement for you and your partner.

Domestic Partnerships

Under Florida law, the definition of a domestic partnership can differ slightly between counties, but is relatively consistent. It’s a legal or personal relationship between two individuals who live together. These people share a domestic life — living together on a full-time basis, but are not formally married. To fall under this definition, it is usually required that domestic partnerships represent a long-term relationship, too, though the exact length of time is not mandated. 

In Tampa, as in other jurisdictions, there are other requirements that affect couples’ eligibility to be defined as a domestic partnership, such as not being related by blood and neither partner being currently married. Florida does not provide state-wide recognition of domestic partnerships, though, with the definitions of a partnership and eligibility tending to be specific to the county or city that offers the opportunity for registration.

Civil Unions

The definition of a civil union is a legally recognized relationship between a couple, intended to offer many of the same rights and responsibilities of marriage while not technically being defined as such. Much like domestic partnerships, civil unions are usually available to both same-sex and heterosexual couples. However, as civil unions are not available to couples in Florida, this is an arrangement that may have been made in a different state that allows such partnerships, with the legal definitions being specific to the statutes of that particular state.

The Key Differences

While domestic partnerships and civil unions both offer the potential for structure and recognition, there are key differences between each. Everything from their legal standing in Florida to the practical application can present variations. Therefore, making informed decisions about how you and your partner proceed should include gaining a good understanding of these differences.

Some of the areas of difference between domestic partnership and civil union include:

Legal Recognition

Perhaps the most significant difference between domestic partnerships and civil unions in Florida is how they are recognized on a legal level. Domestic partnerships are recognized legislatively in certain cities and counties within Florida. Currently, the only locations that offer the opportunity to register a domestic partnership are:

• Bay Harbor Islands
• Cape Coral
• Clearwater
• Gainesville
• Hialeah
• Key West
• Kissimmee
• Lake Worth
• Miami
• Miramar
• North Miami
• Pembroke Pines
• Punta Gorda
• Sarasota
• South Miami
• St. Petersburg
• Tavares
• West Palm Beach
• Wilton Manors

In these local jurisdictions, your domestic partnership may see you granted some similar legal rights and benefits to those experienced by a married couple. That said, domestic partnerships are not recognized state-wide, so you may find you have limited acknowledgment of your partnership outside the county of registration.

On the other hand, the state of Florida does not recognize civil unions in any capacity. Even though you may have registered a civil union in a state that provides legal recognition in lieu of marriage, this doesn’t transfer to other states or even always apply on a federal level. Therefore, it may not be the most practical choice unless you are planning to reside in a state with recognition of civil unions.

Scope of Rights and Benefits

One of the main reasons a couple may seek to engage in a civil union or domestic partnership is to gain rights and benefits. Many of the advantages that traditionally married couples enjoy — such as shared health insurance and power of attorney — are not automatically applied or easily gained by couples without any formal recognition. As with so much else, though, there are differences between the scope of rights and benefits between these domestic partnerships and civil unions.   

In Florida, the rights offered to domestic partnerships are very limited. This refers to both the number of rights and benefits alongside being strictly restricted to the geographical location the partnership is recognized. Usually, the benefits for domestic partnerships include hospital visitation rights, the ability to make medical decisions for an incapacitated partner, and in some instances access to shared health insurance.

By contrast, civil unions, in states where they are recognized, tend to offer a wider range of rights and responsibilities. This is because civil unions are usually designed to more closely mirror marriage than domestic partnerships. Depending on the state registered, civil unions can lead to greater property rights, custody of shared children, inheritance rights, spousal support, and medical decision-making authority. Remember, though, that Florida does not recognize civil unions. Gaining access to the rights and benefits will usually require couples to reside or seek services in the state in which the civil union was registered. This can, understandably, make things particularly complicated for couples that have a civil union but have significant ties to Florida.

Termination Procedures

It’s not always nice to consider when you’re formalizing your relationship, but there are also differences in how civil unions and domestic partnerships are terminated. Certainly, this tends to be simpler than a divorce following a marriage, but there are differences in how each is handled. 

In Florida, the termination of domestic partnerships is handled locally. It tends to be a relatively simple process. In Tampa, couples must simply send a notarized affidavit of termination of domestic partnership registration to the city clerk. Though, it’s important to research the specific procedures for the city or county you intend to register your partnership with.

On the other hand, it can be a little more complex to dissolve a civil union. Certainly, as civil unions can’t be registered in Florida, terminating the arrangement will require you to file accordingly in the state your union was formalized. This isn’t just a logistically challenging process. It can also be legally complex, particularly in establishing the division of assets or spousal support. You would need to work with an attorney in the state of dissolution in order to apply the rights or privileges that are relevant to the end of your civil union. 

In any relationship termination, arrangements for any shared children is of paramount importance. It’s worth considering that in matters of child custody, Florida primarily considers the relationship between each parent and the child, rather than the format of the relationships between parents. Therefore, whether your relationship is subject to a civil union or domestic partnership is unlikely to make much of a difference. Nevertheless, it is vital to collaborate with a knowledgeable family law attorney in making custody arrangements that are fair and in the best interests of your children.

Call The Family Law Attorneys Men Trust (813) 336-5547

In Law We Trust Divorce and Family Lawyers is a premier firm of divorce lawyers representing men in family law proceedings. We have years of experience representing men who are navigating the complexities of domestic partnerships and civil unions. In a landscape where the ways people are formalizing relationships are changing, it’s important you have access to reliable knowledge and representation whether you’re considering which path to take or intend to terminate your partnership. Our team’s experience and skills help to guide our clients through the hurdles of the Florida family law courts. Call us today and get the proper representation men need and deserve.