Domestic Partnership Dissolution

Under California’s domestic partnership registration, couples have many of the rights and obligations of a married couple going through a divorce. While there are many property rights, the couple does not have rights that involve federal benefits like Social Security.

Individuals dissolving a domestic partnership are subject to California’s community property laws unless a preregistration agreement exists that specifies that the couple is opting out of community property laws. Property settlement agreement lawyers can help a dissolving couple determine what community property exists, the value of any property, and how it can or should be divided in a fair manner.

When property is divided or other financial agreements are made in domestic partnership dissolutions, the tax consequences of the agreement need to be taken into account. A California family lawyer can explain the tax consequences of dividing 401(k), IRA, and stock portfolio accounts.

Some companies recognize domestic partnerships when creating retirement benefit accounts. If one of the companies recognizes domestic partnerships, the retirement benefits can be divided in the same way divorcing couples do. Neither partner can claim derivative benefits from Social Security, however, because the federal program does not recognize domestic partnerships currently.

When both partners have parental rights, child custody will need to be determined and a visitation arrangement that meets the needs and the best interests of the child will need to be drawn up.

Contact a San Jose Family Lawyer

If you need legal assistance in dissolving a domestic partnership, contact the San Jose family lawyers of the Law Office of Daniel Jensen at 408-296-4100.