Domestic Partnerships & Civil Unions | Massachusetts

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什麼是同居關係？

儘管「同居伴侶」一詞在許多情況下都會使用，但它通常指的是一種承認未婚伴侶及其子女為特定目的（例如醫療保險等員工福利）而構成家庭的一種狀態。有些雇主仍然向未婚伴侶提供這些福利，儘管許多雇主在同性伴侶獲得結婚資格後就停止提供這些福利了。

馬薩諸塞州是否尊重其他州的民事結合和註冊同居關係？

是的。麻州最高法院已裁定，麻州法院必須給予民事結合和登記同居關係與婚姻同等的尊重，其權利和義務與婚姻功能相同。

Can cities and towns in Massachusetts provide domestic partner health insurance benefits to their own employees?

Probably not. While several cities and towns have done so in the past, a court ruling in 1999 found that Boston did not have the power to expand the reach of the state insurance laws by including domestic partners in the group health system (Connors v. Boston, 430 Mass. 31 (1999)). Amherst has continued its domestic partner program by buying individual health insurance policies for the partners of Amherst employees who previously had group health coverage through the town. Several other cities and towns have also continued to provide coverage.

私人雇主可以提供哪些類型的同居伴侶福利？

私人雇主可以為同居伴侶提供許多福利，例如健康保險、家庭醫療或喪假、平等退休金福利、搬遷費用或使用公司設施。

即使雇主提供這些福利，聯邦和州法律也要求同居伴侶與配偶的福利應區別對待。例如，員工必須就其伴侶的健康保險福利繳納聯邦和州所得稅（除非該伴侶是納稅受扶養人），而配偶則無需繳納。除非伴侶也是納稅受扶養人，否則根據聯邦控制的彈性支出帳戶，伴侶不符合配偶的資格。

至於退休金，根據2006年《聯邦退休金保護法》，雇主可以修改其401(k)計劃，以便非配偶受益人可以保留該資產作為退休資產。如果計劃進行了此類修改，受益人可以在員工身故後將401(k)「轉入」個人退休帳戶(IRA)。相較之下，先前的法律要求受益人一次性提取並繳納401(k)的所得稅。

然而，聯邦法律在退休金方面仍然存在其他歧視性方面。若同居伴侶決定指定他人為退休金受益人，同居伴侶無權簽字，但配偶則擁有此權利。此外，同居伴侶也沒有與配偶同等的權利，在其伴侶指定他人領取遺屬撫卹金的指定上簽字。

Can I use the state non-discrimination law to force my employer to provide domestic partnership benefits?

Probably not. Although the non-discrimination law says that an employer can’t discriminate on the basis of sexual orientation in terms of compensation, and even though employee benefits are a form of compensation, the law contains an express exemption for employee benefits (Laws 1989, chap. 516, sec. 19). Thus, an employer 可能 provide domestic partner benefits if it chooses to do so, but it probably cannot be forced to do so through the state non-discrimination law.

馬薩諸塞州是否尊重其他州的民事結合和註冊同居關係？

Yes. The Massachusetts Supreme Judicial Court has ruled that civil unions and registered domestic partnerships with rights and obligations functionally identical to marriage will be accorded the same respect as marriages by Massachusetts’ courts.

在麻薩諸塞州，一對夫妻可以採取哪些措施來合法地維護他們的關係？

有各種法律文件可以保護夫妻關係，無論夫妻之間沒有正式的法律關係還是已經結婚。

關係協議或合約： A couple has the option of drafting a written cohabitation agreement, outlining their respective rights with regards to property, finances, and other aspects of their relationship. The Massachusetts Supreme Judicial Court has held that these agreements are generally enforceable and will be respected according to ordinary rules of contract law. Although such agreements may concern the custody and support of children, a court will not uphold any agreement it finds to contravene the child’s best interests. Finally, couples should note that if they eventually marry, a previous relationship agreement will likely no longer be valid, and any post-marital agreement will be enforceable only to the extent that it is fair and equitable to both parties.

授權書： A couple can choose to grant each other the durable power of attorney, allowing one partner to make financial decisions on the other’s behalf in the event of incapacity or disability. The requirements are minimal: any competent person may appoint another person as their “attorney-in-fact”. If no such appointment is made, a family member will be empowered to make decisions for the incapacitated individual.

If one partner is incapacitated or disabled, the other partner may petition the court to be appointed as their guardian in order to make decisions on their behalf. Unless good cause dictates otherwise, a court should grant guardianship to whoever has durable power of attorney over the incapacitated person.58 Thus, couples are encouraged to grant each other durable power of attorney if they believe guardianship will one day be necessary. It is important to note that an individual’s choice can only be rejected for good cause—a court should not substitute its own judgment just because a family member objects to the appointment.

醫療保健委託書： A couple can also choose to appoint each other as health care proxies, allowing them to make medical decisions on one another’s behalf in the event of an emergency. Absent a health care proxy appointment, medical care providers look to next-of-kin to make health care decisions for an incapacitated individual. Thus, if an unmarried couple wants to make decisions for one another, they need a health care proxy. Health care proxies can be revoked at any time, either by creating a new health care proxy or by a clear expression of revocation. People often give a copy of the health care proxy to their doctors, and sometimes to family members. You can find a sample Health Care Proxy form here: 馬薩諸塞州醫學會：醫療保健代理資訊和表格.

將要： Without a will, 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 a 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 also nominate the future guardian of the child in a will.

葬禮計畫文件： Upon death, a person’s body is given to their next-of-kin. This can mean that a person’s own partner has no right to remove the body or make plans for a final resting place. But if a person leaves explicit written directions giving another person (such as their partner or a friend) control over the funeral and burial arrangements, any confusion can be avoided. Some people include these instructions as part of a will, but since a will may not be found for days after death, it is preferable to give the instructions to the person you want to take care of matters, as well as to family members.

生前預囑： Within a health care proxy, language may be inserted stating what the individual wishes regarding termination of life support, preferences for types of medical care, or limits on the agent’s authority.

臨時代理人或監護人： Parents, particularly those with life-threatening illnesses, may either appoint a temporary agent61 for a period not exceeding 60 days, or appoint a guardian whose appointment takes effect when the parent dies or is unable to care for the child. Within 30 days after the appointment of a guardian, the guardian must petition the Probate and Family Court for confirmation of the appointment. The parent has the right to revoke the powers of the temporary agent or guardian at any point.

一個人是否需要律師來取得這些文件？

GLAD 建議與律師合作處理這些文件。

雖然表格可用，但表格可能不適合您個人的需求和願望。此外，律師或許能夠更好地幫助您實現目標，例如，透過起草遺囑，使其更有可能避免因家庭成員不滿而提出的遺囑異議，或指定一位提供非常具體指示的醫療代理人。此外，律師還可以協助解決因這些文件之間存在重疊部分而產生的法律不確定性。 GLAD Answers 可以為您推薦 GLAD 律師轉介服務的會員律師。