Legal Question in Insurance Law in California

Domestic Partners-Man & Woman

I have a question with regards to domestic partners, I am 46 years old, divorced with 2 children. My boyfriend and I have been living together for 2 years, I choose not to marry due to pension plans etc. However we live a normal life as a married couple to anyone who does not know us, jointly owning a home and paying the bills, My questions is why to gays & lesbians have the right to insure each other on their health plans, make medical decisions, but don't have the suffer the consequences of a divorce and all that it brings. Isn't that discrination, for heterosexual couples?


Asked on 9/09/04, 3:34 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Domestic Partners-Man & Woman

As Johnny Carson used to say, "you are wrong, my friend." As of January 1, 2005, registered domestic partners will have to go through a divorce-like proceeding if they wish to dissolve the partnership.

Domestic partner benefits presently are at the company's will, unless it does business with certain cities like San Francisco, where adherence to its ordinance for DP benefits is required.

As to the political (or philosophical) reasons: Gays are not yet permitted to marry although they may be in a committed relationship. Heterosexual couples may marry if they choose. If they don't marry, then the thinking is there should be no benefits or official sanction of the relationship. This country still has a philosophy that marriage is the primary goal of a relationship, and the laws will do everything they can to promote and sustain marriage (at least between husband and wife, for now).

One of these days, I hope, the law will recognize all committed couples and permit marriage-like benefits and obligations if the couples meet certain established criteria. Congratulations on being able to sustain a loving relationship.

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Answered on 9/09/04, 7:34 pm


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