New Hampshire Domestic Partner Benefits laws & HR compliance analysis

New Hampshire Domestic Partner Benefits: What you need to know

New Hampshire legally recognizes marriage between two individuals of the same sex (NH Rev. Stat. Sec. 457:1-a). Civil unions are no longer permitted under the law.
Employers are required to provide benefits on an equal basis to employees in same-sex or opposite-sex marriages.
Same-sex marriages or civil unions entered into outside the state are valid in New Hampshire, unless the relationship violates state law.
The U.S. Supreme Court issued a decision in 2015 legalizing same-sex marriage in all states and requiring all states to recognize same-sex marriages legally performed in other jurisdictions (Obergefell v. Hodges, No. 14-556 (6/26/15)).
For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”.  This exclusive special report covers hiring records, employment relationships, termination records, litigation issues, electronic information issues, tips for better recordkeeping, and a list of legal requirements.  Download Now
An existing same-sex civil union entered into before the same-sex marriage law took effect was converted into a marriage by operation of law effective January 1, 2011.
Self-funded health insurance plans governed by the Employee Retirement Income Security Act (ERISA) are subject to federal law. 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 federal law of spouses in legally recognized same-sex and opposite-sex marriages. Therefore, employee benefits regulated by federal law such as ERISA and federal income tax law must provide equally for those in same-sex and opposite-sex marriages. There may be narrow exceptions under ERISA that permit self-funded plans to exclude coverage for employees’ same-sex spouses, but such exclusions may subject an employer to discrimination claims.
Fully insured health plans are subject to ...

Read more about Domestic Partner Benefits


New Hampshire Domestic Partner Benefits Resources

Type Title
See all Domestic Partner Benefits Resources