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Wisconsin Domestic Partner Benefits: What you need to know

The Wisconsin Domestic Partnership Law provides legal recognition of same-sex partnerships in Wisconsin (WI Stat. Sec. 770.01 et seq.).
The Law expressly provides that the legal status of domestic partnership is not substantially similar to that of marriage. The state constitution prohibits any law that gives unmarried individuals legal status that is substantially similar to that of marriage.
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Effect of federal law. The recognition of same-sex domestic partnership under state law does not extend to benefits and protections provided to married couples under federal statutes such as the Internal Revenue Code. Federal statutes are subject to the federal Defense of Marriage Act (DOMA), which recognizes only marriage between a man and a woman. Therefore, under a federal statute, any tax deductions or benefits that might be made available for a spouse are not available to a domestic partner.
Eligible individuals may register their domestic partnership with the state. Domestic partnerships are registered with the county clerk of the county in which one of the individuals has resided for at least 30 days before submitting an application for the declaration of domestic partnership. Each individual must present satisfactory documentary proof of identification and residence.
Eligibility Requirements
To enter into a domestic partnership, the two individuals must:
• Be at least 18 years of age and capable of consenting to the domestic partnership;
• Not be a party to another domestic partnership or marriage;
• Share a common residence;
• Not be more closely related to each other than second cousins, whether of the whole or half blood or by adoption; and
• Be of the same sex.

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Wisconsin Domestic Partner Benefits Resources

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