Domestic Partnerships & Civil Unions | Maine

Yes! On November 6, 2012, Maine became the first state to obtain marriage rights for same-sex couples through an initiative process rather than a court case or vote by a legislature. Maine Question 1, An Act to Allow Marriage Licenses For Same-Sex Couples and Protect Religious Freedom, was approved by the voters of Maine 53 to 47 percent. 

Three years later, in Obergefell v. Hodges, the U.S. Supreme Court made marriage equality a reality nationwide when it held that the U.S. Constitution guarantees same-sex couples the right to marry. GLAD Law’s own Mary Bonauto represented the plaintiffs during oral arguments.  

After Obergefell, all 50 states are required to issue marriage licenses to same-sex couples, and all states must respect the marriages of same-sex couples performed in other jurisdictions. 

Yes.  

Maine law defines “domestic partners” as “2 unmarried adults who are domiciled together under long-term arrangements that evidence a commitment to remain responsible indefinitely for each other’s welfare.”  

Domestic partnership comes with certain legal protections and benefits. Additional legal protections are available for registered domestic partnerships.  

Under Maine law, all domestic partners are eligible for certain legal protections and benefits. For example:  

• Insurers providing health coverage in Maine generally must offer their policyholders the option of additional benefits for their “domestic partner” under the same terms and conditions as a spouse. Note: Insurers may require individuals to: (1) sign an affidavit attesting to the existence of a domestic partnership, and (2) prove joint living arrangements, joint financial arrangements, joint ownership of property, or other evidence of joint responsibility for each other’s common welfare.   
• Maine’s Family Medical Leave law covers domestic partners. Employers subject to that law must offer employees up to 10 weeks’ unpaid leave in any 2 years of employment for any of the following reasons:  
• To care for either partner’s child or grandchild with a serious health condition 
• To care for a domestic partner’s serious health condition 
• To care for and bond with a child born to either partner 
• To care for and bond with a child (16 years old or younger) who was placed in the home in connection with an adoption by either partner 
• When either partner dies or incurs a serious health condition while on active duty as a member of the state military forces or United States Armed Forces.  
• To vote in elections, one domestic partner may make a written request for an absentee ballot and deliver a completed ballot on behalf of the other partner.  Note: this rule is limited to ballots requested in writing, and not ballots requested by telephone or online.  

Maine law allows for end-of-life care decisions to be made by a domestic partner if (1) the incapacitated partner is unmarried, (2) they share “an emotional, physical and financial relationship with the patient similar to that of a spouse,” and (3) there is no advance health care directive. Note: In the event that one partner is incapacitated, additional legal protections are available if the domestic partnership has been registered with the State.  

No. A couple can be legal domestic partners without filing any paperwork with the State of Maine.  

However, there is an optional process for couples to register their domestic partnership with the State of Maine. Registered domestic partnerships get additional legal protections under Maine law. 

To register a domestic partnership, you must file paperwork with the Maine Domestic Partnership Registry and must meet the following requirements: 

• both partners are mentally competent adults;   
• they are not close relatives;  
• they have been living together in Maine for at least 12 months; 
• neither partner is married or in a registered domestic partnership with another person; AND 
• each domestic partner is the sole domestic partner of the other and expects to remain so. 

Detailed instructions and information for registering your domestic partnership is available on the State of Maine website.  

Yes. Registering your domestic partnership affords certain rights in the event of a partner’s death or incapacity, including: 

1. Inheritance Rights: In the absence of a will, registered domestic partners in Maine are given the same inheritance rights as a legally recognized spouse (although unequal tax burdens remain). 

2. Legal Priority in Guardianship and Conservatorship Proceedings: The law provides that a domestic partner: 
   • will have the same priority as a legal spouse in seeking to become a legal guardian of their partner in the event of that partner’s incapacity; 
   • will have the same priority as a legal spouse in seeking to become a conservator for their partner’s property or financial affairs; and 
   • is entitled to notice of hearings concerning the appointment of a legal guardian, the appointment of a conservator, or other arrangements to protect their partner’s welfare and property.  

3. Death and Burial Rights: In the event of one partner’s death, the surviving domestic partner generally has the right to make funeral and burial arrangements. (Exceptions may apply if there is a written and signed document specifying another person to make funeral and burial decisions, or if the surviving domestic partner is estranged from the partner at the time of death.) 

Note: It is important to remember that in matters relating to death and incapacity, a written will and advance directive will supersede this law. If one partner has a written will or directive giving someone else any of these rights, that person will be given priority over a registered domestic partner in asserting those rights. 

Yes. A registered domestic partnership ends automatically if either partner gets married.  

Alternatively, a couple can file paperwork to end their registered domestic partnership. There are two different processes. The first process is called “Termination by Mutual Consent.” That process applies when both partners wish to end the partnership. The second process is called an “Alternate Notice of Termination of Domestic Partnership.” That process applies when only one partner wishes to end the partnership. Detailed instructions on both of these processes are available on State of Maine website.  

Note: If there are any third parties who rely on the existence of a domestic partnership, then domestic partners may be required to give notice to those third parties when they terminate their partnership. If failing to give adequate notice causes a third party to lose money, one or both domestic partners may be required to pay for those losses.  

Private employers can choose to offer benefits to domestic partners. These can include:  

• Health insurance  

• Medical or bereavement leave  

• Retirement or pension benefits  

• Relocation support  

• Use of company facilities  

However, federal tax laws sometimes treat domestic partner benefits differently from spousal benefits. For example, employees must pay federal income tax on a domestic partner’s health insurance benefits, but not on a spouse’s health insurance benefits.(see Internal Revenue Code, Private Letter Ruling 9603011 (Jan. 19, 1996)). Also, married employees need their spouse’s permission to name someone else as a pension beneficiary, but unmarried employees do not need their domestic partner’s permission to name someone else as a pension beneficiary.   

All couples—whether they are married, in a domestic partnership, or have no legal relationship—can protect their relationship by preparing the following documents. GLAD Law recommends working with an attorney on these documents.  

• Relationship Agreement or Contract: Agreements regarding property and finances upon separation should be respected and honored according to ordinary rules of contract law.  

• Durable Power of Attorney: Any competent person may appoint another person as their “attorney-in-fact” for financial and/or other matters in the event they become incapacitated or disabled.  
  • A person may also nominate their guardian or conservator in the same document. This is a longer-term appointment that takes priority over the attorney-in-fact.  
• Advance Health Care Directive: Medical care providers often look to next-of-kin to make health care decisions for an incapacitated individual. If an unmarried person wants someone other than their legal family to make these decisions, then an advance directive is a critical source of protection. A power of attorney for health care is a form of advance health care directive under Maine law.  The Maine Attorney General’s Office has a model advance directive posted on their website. 
• Will: Without a will and without having registered as a domestic partner, a deceased unmarried person’s property passes to: (1) their children; (2) their family; (3) if next-of-kin cannot be located, to the state. If the person wishes to provide for others, such as their partner, a will is essential. Even if a person has few possessions, they can name in the will who will administer their estate. If a person has children, they can nominate a guardian of the child which will become effective upon death. Such nominations are highly regarded by courts although they are not binding on the court. 
• Funeral Planning Documents: By preparing written and signed funeral planning documents, a person can ensure that their partner has the legal right to make funeral and burial decisions after their death.  

If a couple separates or a person’s wishes change, then the person should revoke these planning documents, give notice to all people with copies, and prepare new documents reflecting their current wishes.