Domestic Partnership vs. Marriage in Colorado: What’s the Difference?

In Colorado, terms like “domestic partnership” and “marriage” carry very different legal meanings, but they are often confused by the public and even occasionally misunderstood in legal disputes. At Hogan Omidi, PC , we represent clients involved in high-conflict and high-asset family law cases where the definition and recognition of a relationship can be determinative. Understanding the difference between informal domestic arrangements and legally recognized marriage, including common law marriage, is critical, especially when considering the implications of domestic partnership vs marriage .

What Is a Domestic Partnership in Colorado?

The term “domestic partnership” does not have a uniform legal definition under Colorado law. In prior years it was a term sometimes used by same sex couples, and other cohabiting couples who were not legally free to enter into a marriage.  Some municipalities may offer registries or limited recognition of domestic partnerships, typically for health benefits or hospital visitation purposes. However, domestic partnerships do not carry the full legal weight or protections of marriage , and more importantly, there is no specific state statute that creates or governs a general domestic partnership status.

That said, a couple who refers to themselves as “domestic partners” and behaves in a way that reflects a mutual agreement to enter into a marital relationship may be in a common law marriage , whether they realize it or not.

What Is a Marriage?

According to Colorado Family Law and Practice (Thomson Reuters) , the Colorado Supreme Court has stated: “When the contracting parties have entered into the married state, they have not so much entered into a contract as into a new relation, the rights, duties, and obligations of which rest not upon their agreement, but upon the general law of the State, statutory and common, which defines and prescribes those rights, duties and obligations. They are of law, not of contract.” This framing distinguishes marriage from a civil contract and affirms the state’s authority to define and regulate the institution of marriage.

Marriage in Colorado is either:

1. Statutory – Formalized by obtaining a marriage license and following legal protocols, including solemnization and proper registration.
2. Common Law – Established by mutual agreement to enter into a marital relationship, followed by conduct manifesting that agreement . This may include joint finances, shared property, estate planning, and how the couple presents itself to others.

The Colorado Supreme Court has made clear that the intent to be married, not the label used by the couple, is the determining factor. A couple calling themselves “domestic partners” may or may not be in a valid common law marriage depending on whether  the other facts and circumstances  show mutual commitment and marital conduct.

Key Differences Between Domestic Partnership and Marriage in Colorado

• Recognition: Marriage, statutory or common law, is recognized statewide and federally. Domestic partnerships may not be recognized outside of specific local contexts or benefit programs.
• Legal Rights: Only marriage confers full marital rights, including property division, spousal maintenance, and inheritance rights.
• Intention vs. Label: A key issue is whether the parties intended to enter a marital relationship, not what they called themselves. A “domestic partnership” may evolve into (or be treated as) a common law marriage based on the parties’ conduct and mutual understanding.

How Domestic Partnerships and Marriages Are Dissolved in Colorado

There is no formal court process for ending a domestic partnership that has not been recognized as a legal marriage. However, formal dissolution under Colorado’s Uniform Dissolution of Marriage Act is required if the relationship qualifies as a common law marriage.

In determining if a common law marriage has been established, courts examine evidence such as:

• Whether there are Joint tax returns.
• Shared bank accounts or debts.
• Designation as spouse on insurance or employment documents.
• Statements to third parties.
• Estate planning.
• Symbols of commitment (rings, ceremonies, anniversary cards).

The determination is highly fact-specific, and courts are tasked with separating sincere marital relationships from casual or non-committal relationships.

According to Colorado Family Law and Practice , the existence of a common law marriage turns on issues of fact and credibility, which are properly within the trial court’s discretion. Courts do not require the parties to have expressly verbalized or documented their agreement to marry, intent may be inferred from the conduct of the parties. Factors such as joint tax returns, shared bank accounts, estate planning, or public references as spouses can all serve as objective evidence of a marital relationship.

However, the presence of these indicators is not determinative on its own. The parties must have intended these actions to reflect a marital commitment, not merely convenience or economic necessity. In some cases, especially involving same-sex couples, a lack of public acknowledgment may be explained by cultural, historical, or personal factors and does not always negate marital intent.

The Colorado Supreme Court has refined its analysis since same sex marriages have been recognized, emphasizing that the purpose is not to test the couple’s relationship against outdated norms but to discover their mutual intent to be married. Therefore, courts now evaluate both the sincerity and context of the parties’ actions, ensuring that findings are based on evidence rather than assumptions.

Which Option Is Right for You? Domestic Partnership or Marriage?

Couples may choose to avoid marriage for personal, financial, or emotional reasons. However, avoiding formal marriage does not automatically prevent the legal implications of being treated as married under common law.

This is especially relevant for couples who:

• Share finances and property.
• Co-parent children.
• Refer to each other as spouses or hold themselves out to others as such.

It’s important to know that there is no requirement for a set duration of cohabitation ; the myth of the “seven-year rule” is just that: a myth. According to Colorado Family Law and Practice : “There is no support in the case law for the often repeated belief that cohabitation must continue for seven years (or for any other particular length of time) in order for a common-law marriage to be established.”

Couples who consider themselves domestic partners, but behave in a way that suggests a marital commitment should seek legal advice before assuming they can avoid the legal obligations of marriage.

Why You Should Consult a Family Law Attorney in Colorado

Hogan Omidi, PC has deep experience with the complexities of common law marriage, statutory marriage, and disputes arising from informal domestic relationships. Many people are surprised to learn that their relationship might already qualify as a marriage in the eyes of the law, even without a wedding.

We help clients:

• Understand whether they may already be married under common law.
• Defend or assert claims regarding the existence of a common law marriage.
• Navigate dissolution proceedings for both statutory and common law marriages.
• Avoid unintended legal consequences through proactive planning and documentation.

Contact Our Colorado Family Law Experts Today

If you’re in a relationship that involves shared finances, joint property, or long-term cohabitation, even if you call it a domestic partnership, you could be in a legally recognized marriage under Colorado law. Don’t wait until a separation or death brings the issue to court. Contact Hogan Omidi, PC today to schedule a confidential consultation with an experienced Colorado family law attorney.