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New York Domestic Partner Benefits: What you need to know

Effective July 24, 2011, the New York Marriage Equality Act gives same-sex couples the right to marry (NY Dom. Rel. Law Sec. 10-a). Under the Act, a marriage that is otherwise valid is legally recognized regardless of whether the parties to the marriage are of the same or different sex. The same rights, benefits, privileges, protections, and responsibilities under state law apply to married same-sex couples and opposite-sex couples.
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Exception. It is not a violation of the Act for a religious organization or a nonprofit organization operated, supervised, or controlled by a religious organization to limit employment or give preference to persons of the same religion in order to promote the religious principles of the organization.
Spouses in a same-sex marriage have all rights and benefits as spouses in an opposite-sex marriage. Any references in state law to the spousal relationship apply to same-sex marriages. Parties to a same-sex marriage, therefore, are entitled to family leave benefits, deductions provided for under state and municipal taxation, and public assistance benefits.
Employers in New York are required to provide the same benefits, such as health insurance, to same-sex spouses of employees as provided to opposite-sex spouses.
Note: Under the federal Defense of Marriage Act (DOMA), same-sex partners cannot be treated as spouses because marriage is defined as only between a man and a woman. Therefore, employee benefits regulated by federal law such as ERISA and federal income tax law are not affected by the state law.
Tax consequences. Under federal law, an employer's contribution to health insurance for a spouse is exempt from taxation. However, because of DOMA, this amount is ...

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New York Domestic Partner Benefits Resources

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White Papers Your State May Restrict DP Benefits

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