Domestic Partnerships In Maryland

In October 2023, Maryland expanded its recognition of non-marital relationship structures with the implementation of the domestic partnership statute. In Maryland, a “domestic partnership” is defined as a relationship between two individuals who are: i) at least 18 years old; ii) not related to each other by blood or marriage; iii) not married or in a domestic partnership with another individual; and iv) agree to be in a relationship of “mutual interdependence in which each individual contributes to the maintenance and support of the other individual and the relationship, even if both individuals are not required to contribute equally to the relationship.” Prior to the domestic partnership statute, domestic partners who were not married to each other did not have a legally recognizable relationship since common law marriage does not exist in Maryland.

The recognition of domestic partnerships in Maryland confers upon the domestic partners legal rights and benefits that did not previously exist. Specifically, domestic partners receive legal benefits from the estate of their partner if the partner dies “intestate,” without a valid Last Will and Testament. If a partner to a domestic partnership dies intestate, the surviving domestic partner can receive the following benefits:

1. Receive $10,000 for spousal allowance;
2. Receive the same priority to serve as Personal Representative; and
3. Have the same inheritance rights that a surviving spouse normally would.

Of course, domestic partners may still wish to create their own Wills to set forth how they want their property to be distributed upon their passing. Creating a Last Will and Testament, even for people engaged in a domestic partnership, can have numerous benefits and provide peace of mind.

In order to have a legally recognized domestic partnership in Maryland, the individuals involved in the domestic partnership must register their partnership. Specifically, the domestic partners must prepare a “Declaration of Domestic Partnership” to be filed with the Register of Wills in the jurisdiction in which the partners reside. If the domestic partnership is not properly registered, the domestic partners may not be eligible to receive the benefits of a legally recognized domestic partnership.

Domestic partnership in Maryland is a new and evolving legal concept. The new domestic partnership statute provides numerous estate planning benefits to domestic partners. Robert Greenberg, Esq. and the law firm of Greenberg Legal Group LLC can assist with issues pertaining to domestic partnerships as well as estate planning and administration. Our firm is located in Annapolis, Maryland and has assisted families throughout the State of Maryland. Please contact our office at (410) 650-4242 for further assistance.