In dissolving a domestic partnership, you face many of the same issues as married couples getting a divorce — property division, child custody and support, continuing partner support (spousal support, alimony). Our law firm can help you work for a fair settlement of all issues.
Under California’s domestic partnership registration, gay and lesbian couples have many of the rights and obligations of a married couple undergoing dissolution of a marriage (divorce). You do not have rights, though, that involve federal benefits such as Social Security. However, we can help you with:
Property valuation/division: You are subject to California community property laws unless you have a preregistration agreement to opt out of community property laws. Our property settlement agreement lawyers can help determine what community property you have, what it is worth, and how it can be divided in a fair manner.
Tax ramifications: When you divide property or make other financial or real property agreements in a domestic partnership dissolution, you need to be aware of the tax issues involved. Your lawyer can explain the tax consequences of dividing 401(k), IRA and other stock portfolios.
Defined benefit plans: If you work for a company that recognizes domestic partnerships, you can divide retirement benefits in the same way divorcing couples do. Neither you nor your partner can claim derivative benefits from Social Security because that is a federal program and does not recognize domestic partnerships at this time.
Child custody: If both partners have parental rights, you will need to determine a child custody and visitation arrangement that meets the needs and best interests of the child.