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Model Policy B - Basic Benefits or Recognition Systems

(For use by businesses, universities and other institutions when a benefits or recognition system needs a detailed definition of domestic partnership).

1. Domestic Partners. The requirements for two people to be domestic partners are:
a. the partners must live together;
b. the partners must agree to be jointly responsible for each other's basic living expenses during the Domestic Partnership;
c. neither partner may be married or a member of another domestic partnership;
d. the partners must not be related in a way which would prevent them from being married to each other;
e. both must be over 18;
f. neither partner may have had a different domestic partner in the previous six months (this requirement does not apply if the partner died)
g. the partners must sign a Declaration of Domestic Partnership.
2. Definitions.

"Live Together." "Live together" means that two people share the same place to live It is not necessary that the legal right to possess the place be in both of their names. Two people may live together even if one or both have additional living places. Domestic Partners do not cease to live together if one leaves the shared place but intends to return.

"Joint Responsibility for Basic Living Expenses." "Basic living expenses" means basic food and shelter. It also includes any other costs (for example, medical care costs) for which a partner is receiving some reimbursement or benefit (for example, health care benefits) because she or he is a member of a domestic partnership. "Joint Responsibility" means that each partner agrees to provide for the other partner's basic living expenses if the partner is unable to provide for herself or himself. Anyone to whom these expenses are owed can enforce this responsibility.

"Declaration of Domestic Partnership." A "Declaration of Domestic Partnership" is a statement signed under penalty of perjury. By signing it, the two people agree to take on all the obligations in the definition of domestic partnership and swear that they meet all the requirements of the definition. Each must provide a mailing address.

3. Ending Domestic Partnerships. A Domestic Partnership ends when:
a. one partner sends the other a written notice that he or she has ended the partnership; or
b. one of the partners dies; or
c. one of the partners marries or the partners no longer live together.
4. Notice the Partnership has ended. When a Domestic Partnership ends the partner/employee (or if that partner has died, the surviving partner) must sign a notice saying that the partnership has ended and give it to [name of department]. The notice must be dated and signed under penalty of perjury. The notice must be sent within 60 days of the end of the partnership. If [name of company] or any benefits provider suffers loss as a result of failure to send this notice, it may sue the partner who was obliged to send it for actual loss. The partner who signs the notice must send a copy to the other partner. Failure to give the notice will neither prevent nor delay ending the Domestic Partnership.

5. Effect of Domestic Partnership. The obligations which domestic partners have to each other for this plan are those described in the definition. If a domestic partnership ends under this plan, the partners incur no further obligations to each other.
If you are working to get a domestic partnership policy in your town or business and are facing difficulties, please contact the ACLU of Florida for assistance at: aclufl@aclufl.org. We may be able to help you with getting organized, persuading the relevant decision makers, drafting a domestic partnership policy that's right for your campaign or any other issues that come up.