Domestic Partnership in Wisconsin

8/21/2009

By:  Diane Odeen

On August 3, 2009, Wisconsin became the first state in the Midwest to recognize same-sex domestic partnerships, despite having a constitutional amendment banning same-sex marriages or civil unions. The new legal status gives same-sex partners some benefits traditionally enjoyed only by spouses or family members, without the broad property protections which come with a traditional marriage.

Transfers of real estate between domestic partners are exempt from real estate transfer fees, and domestic partners may prevent each other from testifying about private communications during the partnership.

The new law does not make many employment-law changes, with the exception of employees of the State or the University of Wisconsin, who may seek health insurance benefits for either a same-sex (registered) or opposite-sex (unregistered) domestic partner. For all employers who have more than 50 permanent employees, registered domestic partners are covered by Wisconsin’s Family Medial Leave Act are entitled to up to two weeks off per year to care for a domestic partner (or the parents of the partner) with a serious medical condition.

A domestic partner is entitled to a significant number of rights regarding the medical care of their partner, such as visiting or admitting an incapacitated partner, or access to certain health care records, or consenting to an autopsy or organ donation. Likewise, a surviving domestic partner inherits from the estate of a partner who died without a will, and receives death benefits if the partner was killed in a workplace accident or in the line of duty as a police officer or fire fighter. A domestic partner may also sue for a partner’s wrongful death.

The Domestic Partnership Law, Wis. Stat. Ch. 770, outlines the process by which two same-sex individuals may apply for a Declaration of Domestic Partnership with the County Clerk’s Office. The domestic partnership is in effect until a notice of termination is filed with the County Clerk, or one of the parties enters into a legally recognized marriage.

As people begin to sign up for domestic partnership status and exercise their rights, there is likely to be some confusion as to the scope and effect of the Wisconsin Domestic Partnership Act.

If you have a question about your rights or obligations under the new law, please contact Diane Odeen at 612-336-9315, 715-381-7112 or diane@lommen.com.