Domestic Partnerships & Civil Unions | New Hampshire

No, New Hampshire stopped issuing civil union licenses in January 2010. Starting January 1, 2011, all existing New Hampshire civil unions automatically became marriages. If you have a civil union or registered domestic partnership from another state, New Hampshire will treat you the same as a married couple with the same rights, benefits, and responsibilities. However, except for Social Security, the federal government does not recognize civil unions. 

A “domestic partnership” is when two unmarried people (and sometimes their children) are legally recognized as a family. This status is sometimes used to give benefits, like health insurance, through an employer. 

New Hampshire no longer has domestic partnerships, because all domestic partnerships were converted to marriages January 1, 2011. Before that, in May 2006, the Merrimack County Superior Court ruled in Bedford and Breen v. New Hampshire Technical College System, a case filed by GLAD Law, that the denial of insurance and leave benefits to the families of two New Hampshire state employees constituted both disparate treatment and disparate impact violations of the New Hampshire law against sexual orientation discrimination in employment.  

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.  

Couples can use various legal documents to protect each other’s rights, even if they are not married. Here are some important ones: 

1. Relationship Agreement (Cohabitation Contract):  
   This is a written agreement between partners that spells out how they will share money, property, and responsibilities. Although the New Hampshire Supreme Court has not ruled on the subject, it is likely that courts would enforce these agreements the same way that they would any other contract. These agreements can also include parenting plans, but courts will only enforce parenting terms that are in the child’s best interest. 
2. Durable Power of Attorney: This lets you give your partner the legal power to handle your financial affairs if you become unable to do so. The document must be signed and notarized. RSA 564-E:105. If you don’t name someone, a family member will usually take over these duties.
3. Advance Directive for Health Care: This document allows your partner to make medical decisions for you if you can’t speak for yourself. Without it, doctors usually turn to your next-of-kin.

An advance directive has two parts:  

• Durable Power of Attorney for Health Care: This document names someone to make health care decisions for you if you are incapacitated. 
• Living Will: This document says whether you want life-sustaining treatment, such as feeding and hydration, if you are near death or permanently unconscious. 

You should give a copy of the advance directive to your doctors and family members. 

An advance directive may either be (1) signed by yourself and two witnesses or (2) signed by just yourself in the presence of a notary public. The following individuals do not count as witnesses: your spouse or heir, beneficiaries under any will or trust you may have, and the person you are appointing as your health care agent. Only one witness can be an employee of your healthcare provider. An advance directive can only be revoked by you. 

If you later become incapacitated and a guardian is appointed for you, the appointing court should not revoke your health care agent’s authority unless there is clear and convincing evidence that doing so would be in your best interests.

1. Will: If you die without a will, your property passes to: (1) their children; (2) their family; or (3) if next-of-kin cannot be located, to the state. RSA 561:1. If you wish to leave things to others not on this list, such as your partner, you need a will. Even if you have few possessions, you can name who will administer your estate in your will. If you have children, you can also nominate someone to be their future guardian in a will. 
2. Funeral Planning Documents: When someone dies, their next-of-kin decides what happens to their body. This can leave a partner out of the process. To prevent this, you can write instructions that give your partner (or another person) the right to plan your funeral and burial. It’s best to give these instructions directly to your partner and family, not just include them in your will (which might not be found right away).
3. Guardianship: You can name someone ahead of time to act as your legal guardian if you become unable to make decisions. This person can handle your finances, your personal care, or both.

GLAD Law recommends working with a lawyer.

While you can find forms online, they may not meet your specific needs. A lawyer can write documents that are better suited to your goals and help avoid legal problems. For example, a lawyer can write a will that’s harder for unhappy family members to challenge. GLAD Law Answers can help you find lawyers who are part of its Lawyer Referral Service. 

If the couple signed a relationship or cohabitation agreement, the terms of that agreement will guide how property and finances are divided. If they didn’t, they may need to go through a long and expensive legal process to settle things. 

IMPORTANT: If you want to change who you’ve named in any of these documents (like a health care agent, funeral planner, or beneficiary), you must revoke the old document and make a new one. Tell everyone who had the old version that it’s no longer valid.