Other Benefits

20  |  A Legal guide for Lesbian and Gay Couples
If your relationship ends, you will need to file whatever documents are
required to notify your employer that the domestic partnership no longer
exists.
Employer forms aren’t binding contracts. Employer-provided domestic
partnership forms often require that you and your partner state your
intention to provide mutual support. But even if you sign an employerprovided application that says you promise to support each other, it’s
generally not considered a legally binding commitment. In other words,
your partner can’t sue you for failing to provide support as promised.
No COBRA Coverage for Domestic Partners
If you work for a company with more than 20 employees and you leave
your job, you are entitled to continue your health benefits, at your own
expense, under the federal law called COBRA. If the company has fewer
than 20 employees, you may still be entitled to continuation coverage
under similar state laws. Under COBRA, employers are required to offer
continuation coverage to spouses of employees who have health coverage,
so if a married person leaves a job, the employee’s spouse is entitled to
buy COBRA coverage. However, because the federal government still
does not recognize same-sex relationships, a same-sex spouse or domestic
partner is not entitled to federal COBRA continuation coverage even
if covered under the employer-provided policy. The only exception is
in states with marriage-equivalent registration, where state-registered
domestic partners can qualify for state COBRA coverage.
If your state law requires employers to treat registered same-sex
partners the same as spouses, or if your city has a domestic partner
ordinance, you could try to challenge your employer and the insurer
under that law, but you may not get far. Until the federal government
changes its approach to same-sex unions, discrimination under federal
law will continue to be perfectly legal.
Other Benefits
Even if your employer doesn’t have domestic partner benefits, other
organizations with which you do business might. For example, airlines