If you're in a same-sex relationship in New York, you have choices about how to legally recognize your partnership.
Same-sex marriage
In New York, same-sex couples can get married just like other couples.
Here's what you need to know:
- You can get married in any town or city in New York.
- You need to apply for a Marriage License.
- You have to wait 24 hours after getting your license before you can get married.
- You must be 18 or older
- You can't be married to someone else
- Once you're married, you have the same rights as any other married couple.
These rights include:
- Getting Social Security benefits from your spouse
- Leaving money to each other without paying extra taxes
- Having the same rights as parents
- Being protected by the same laws as other married couples
Domestic partnership
A domestic partnership is another way for couples to make their relationship official. It's not the same as marriage, but it gives you some rights.
To be domestic partners:
- You must be 18 or older
- You can't be married to someone else
- You must live together for at least 6 months
- You must agree to take care of each other
To prove you're domestic partners, you need to show:
- That you live together (like with mail sent to both of you at the same address)
- That you share money (like having a joint bank account)
To register a domestic partnership, go to your local city or town clerk's office. In New York City, you can go to any City Clerk's office.
As domestic partners, you get some rights like:
- Being able to visit each other in the hospital
- Taking family leave from work
- Some housing rights in New York City
If you want to end a domestic partnership, you need to fill out a form. But this doesn't decide things like who gets to keep the kids or your stuff.
Common law marriage
New York doesn't recognize common law marriage. This means that if you live together for a long time but don't get married or become domestic partners, you don't automatically get any special rights.
But if you move to New York from a state that does recognize common law marriage, New York will respect that.
These laws can be complicated. If you have questions about your relationship rights, it's a good idea to talk to a lawyer who knows about family law.
Last Reviewed: October 15, 2024