Can a 65-year-old man register a domestic partnership with his girlfriend?

Full question:

I am a 65-year-old man. After my wife’s death, I live alone in California. Can I register a domestic partnership with my 36-year-old girlfriend?

  • Category: Marriage
  • Subcategory: Domestic Partnerships
  • Date:
  • State: California

Answer:

In California, opposite-sex couples can register a domestic partnership if at least one partner is 62 years or older. According to California Family Code § 297, a domestic partnership is defined as two adults who have chosen to share their lives in a committed relationship of mutual caring. To establish a domestic partnership, both individuals must file a Declaration of Domestic Partnership with the Secretary of State, meeting specific requirements.

One of these requirements is that either both partners must be of the same sex, or one or both must be eligible for old-age benefits under the Social Security Act. Importantly, opposite-sex couples can only register as domestic partners if one or both partners are over 62 years old.

Since you are 65 years old, you can register a domestic partnership with your girlfriend.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In California, there is no specific time requirement for cohabitation to be considered married. However, living together for a significant period may support claims of a common law marriage in other states. California does not recognize common law marriage, so couples must legally marry to be considered married. If you are living together and wish to formalize your relationship, consider marriage or domestic partnership options available under California law.