## Domestic partnerships and civil unions in Montana Before Obergefell v. Hodges (2015) made same-sex marriage legal nationwide, many states created **civil unions** or **domestic partnerships** as marriage-equivalent or marriage-lite alternatives. Most states with civil unions converted them to marriages after 2015. Some states still have active domestic-partnership programs — sometimes open to opposite-sex couples too. ### Montana status Not recognized statewide. ## Domestic partnership vs civil union vs marriage **Marriage** — recognized in every state and federally. Full rights (taxes, immigration, Social Security, military benefits, IRS recognition). **Civil union** — state-level recognition with marriage-equivalent rights. NOT recognized federally — leaves out Social Security, military spouse benefits, IRS joint filing, immigration spouse status. Most states have phased out. **Domestic partnership** — varies hugely: - **Marriage-equivalent** (CA, NV, WA, NJ, OR, DC) — same state-law rights as marriage - **Limited rights** (ME, WI grandfathered, HI Reciprocal Beneficiary) — some specific rights only - **Local-only** — some cities offer registries with municipal-employee benefits, hospital visitation, but no broader legal recognition ## What domestic partnerships typically provide (state-level) - **Hospital visitation rights** - **Medical decision-making authority** - **State employee benefits** — health insurance for partners - **State income tax filing** as joint - **Property rights** at separation - **Inheritance rights** under state intestacy - **Standing in wrongful-death actions** - **Domestic-violence protection-order eligibility** - **Child-related rights** in some states ## What domestic partnerships do NOT provide - **Federal tax benefits** — DPs file federal taxes as single - **Federal Social Security spousal / survivor benefits** - **Immigration sponsorship** — no spouse-based green card - **Military spouse benefits** - **Federal employee benefits** in many cases - **Recognition in non-recognizing states** — can be an issue when traveling or moving ## Should you marry vs domestic-partnership where both available After Obergefell, marriage is generally the better option for most couples because: - Federal benefits matter substantially - Recognition is universal - Tax treatment is more flexible - Immigration sponsorship is unique to marriage **Reasons to choose DP over marriage anyway:** - One partner has a Social Security disability benefit that would be lost on remarriage - One partner has a pension with restrictions on marriage - One partner is in a country where same-sex marriage isn't recognized (less of an issue post-Obergefell domestically) - Religious or personal objections to marriage as institution - DP came first, partners haven't decided to formally marry ## Ending a domestic partnership Domestic partnerships generally must be dissolved through a formal court process — similar to divorce: - **CA, NJ, OR, NV, WA** — full divorce-equivalent process for DPs - **State-residency requirements** apply for dissolution - **Property division and support** determined under state DP law - **Child custody and support** — same as marriage If you registered as DPs but later married, the DP usually merges into the marriage automatically. ## Recognition between states Domestic partnerships do NOT enjoy the same Full Faith and Credit protection as marriages: - A CA DP may not be recognized in a non-DP state - An IL civil union may be treated as marriage, civil union, or nothing depending on the destination state - Travel with kids can become complicated when one parent is the legal parent in one state but not another **Confirmatory adoption** or **second-parent adoption** is strongly recommended for same-sex couples with children — adoption portably establishes the parent-child relationship in EVERY state. ## What you should do If you're considering a domestic partnership in Montana: weigh marriage vs DP carefully. If you're already in a DP and want to change to marriage (or vice versa), the rules vary. Talk to a Montana family-law attorney — most offer paid initial consultations and can map out the consequences for you. --- *This guide is general information about Montana law as of early 2026 and is not legal advice. Domestic-partnership law has shifted significantly post-Obergefell. Talk to a licensed Montana family-law attorney about your specific situation.*