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Delaware Domestic Partner Benefits: What you need to know

Effective July 1, 2013, an amendment to the Delaware Domestic Relations Act gives same-sex couples the right to marry (DE Code Tit. 13 Sec. 101 et seq.). Under the law, the same rights, benefits, protections, and legal responsibilities apply to married same-sex couples and opposite-sex couples. All state laws applicable to marriage, spouses, or children of married spouses apply equally to same-sex and opposite-sex married couples and their children.
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Conversion of existing civil unions. Couples in existing same-sex civil unions may obtain a marriage license in the county clerk's office from which their civil union license was issued. A civil union that has not been converted to a marriage by the couple before July 1, 2014, will automatically be converted to a marriage by operation of law. The provision does not apply if a proceeding for dissolution, annulment, or legal separation is pending. Civil union licenses are no longer available.
The Delaware Discrimination in Employment Act prohibits employers from discriminating against applicants or employees on the basis of sexual orientation or marital status (DE Code Tit. 19 Sec. 710 et seq.). The law covers employers with four or more employees, including employment agencies and labor unions.
Health insurance. Self-funded health insurance plans governed by the Employee Retirement Income Security Act (ERISA) are subject to the restrictions of federal law.
Note: The U.S. Supreme Court has struck down as unconstitutional Section 3 of the federal Defense of Marriage Act (DOMA), which defined marriage as only between a man and a woman (United States v. Windsor, No. 12-307 (June 26, 2013)). The ruling requires equal treatment under ...

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Delaware Domestic Partner Benefits Resources

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White Papers Your State May Restrict DP Benefits

Domestic Partner Benefits Products

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