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Outline

In Maryland, individuals who are not married but share a committed relationship have the option to formally acknowledge their partnership through the Affidavit for Domestic Partnership and Domestic Partner’s Dependents form. This detailed document enables eligible partners to extend certain benefits coverage to their domestic partner and, if applicable, the dependent children of the domestic partner. Partners affirm their eligibility based on several criteria, which include being over 18 years old, not being related by blood or marriage within specific degrees of consanguinity, not being married or in a domestic or civil union with someone else, and sharing a committed relationship of mutual interdependence for at least a year. Additionally, the form requires proof of financial interdependence through several possible documents, such as joint leases or bank accounts, and evidence of sharing a common primary residence. Tax considerations for the domestic partner and their dependents are also addressed, with specific criteria outlined for when a domestic partner or their dependents may be considered eligible for tax-favored treatment. False statements on this affidavit can lead to severe consequences, including referral for investigation, termination of enrollment and coverage, and potential legal action. The signing parties are obligated to notify the Department of Budget and Management, Employee Benefits Division of any changes to the circumstances attested in the affidavit and are barred from filing another affidavit for at least one year after the termination of the domestic partnership, emphasizing the importance and the gravity of the commitment being undertaken.

Maryland Domestic Partnership Sample

Affidavit for Domestic Partnership and Domestic Partner’s Dependents

This Affidavit must be completed if you are adding coverage for a Domestic Partner or Dependent Child of a Domestic Partner

 

Domestic Partnership:

I, _________________________________ and

________________________________________,

(Employee/Retiree)

(Domestic Partner)

certify that we are Domestic Partners (as defined in the benefits guide) and that we:

(1)Are each at least 18 years old;

(2)Are not related to each other by blood or marriage within four degrees of consanguinity under civil law rule;

(3)Are not married, in a civil union, or in a domestic partnership with another individual;

(4)Have been in a committed relationship of mutual interdependence for at least 12 consecutive months in which each individual contributes to some extent to the other individual’s maintenance and support with the intention of remaining in the relationship indefinitely;

Financial Interdependence is established by providing one of following dated documents:

(a)Joint ownership or lease of a motor vehicle

(b)Joint lease, mortgage or deed of your primary residence

(c)Joint checking, savings, investment, or credit account

(d)Designation as the primary beneficiary for life insurance, retirement benefits or the domestic partner’s will

(e)Mutual assignments of valid durable powers of attorney under Estates and Trusts Article, §13-601, Annotated Code of Maryland

(f)Mutual valid written advanced directives under Health-General Article, §5-601 et seq., Annotated Code of Maryland, approving the domestic partner as health care agent.

(5)Share our common primary residence.

Common Primary Residence is established by providing one of the following documents:

(a)Joint lease, mortgage or deed of your primary residence

(b)Copies of individuals’ driver’s license, State-issued identification card or voter’s registration card listing common primary address

(c)Utility or other household bill with both the name of the insured and the domestic partner appearing.

Tax Affidavit for Domestic Partner:

In some cases, your Domestic Partner may qualify as an eligible tax dependent. If he/she meets all three criteria below, the coverage attributable to your domestic partner may be eligible for tax-favored treatment. Please initial each description that applies to your Domestic Partner only if all three apply AND include a copy of your most recent income tax filing (with salary information blacked out).

Initials

Tax Dependent Criteria:

 

The Dependent is a person who is not my lawful spouse who lives with me and is a member of my household

 

for the entire year.

 

I provide over half of the Dependent’s support for the calendar year(s) in which coverage is provided.

 

The Dependent is not my or anyone else’s qualifying child for the tax year(s) in which coverage is provided.

We solemnly affirm under the penalties of perjury under applicable state laws, that the foregoing is true and accurate. We understand that willful falsification of information contained in this Affidavit can result in referral of the matter for investigation and prosecution, the termination of enrollment and coverage of the domestic partner, and the termination of coverage for the employee/retiree. We understand that a civil action may be brought against us for any losses, including reasonable attorney fees, because of a false statement contained in this affidavit. In addition, where permissible, employment related action may be taken against an active employee.

We agree to promptly notify the Department of Budget and Management, Employee Benefits Division upon any changes or circumstances attested to in this affidavit. We understand that we may not file another affidavit until at least one (1) year after termination of this domestic partnership.

_________________________________________ __________________________

_________________________

Signature of Employee/Retiree

Social Security Number

Date

_____________________________________ ________________________

_________________________

Signature of Domestic Partner

Social Security Number

Date

Dependent Tax Affidavit for Domestic Partner’s Dependents:

Name of Employee/Retiree: ________________________________ Social Security Number: __________________________

Name of Domestic Partner’s Dependent: _____________________________________________________________________

Dependent’s Date of Birth: ______________________Social Security Number: ______________________________________

Part A: Dependent Relationship, Marital Status, and Age/Capability Requirements

A. Initial the box for the correct dependent relationship for your domestic partner’s dependent listed above. If none apply, this person is NOT eligible to be added to your health benefits coverage.

Initials

 

Dependent Relationship

Required Documentation

 

Biological Child of Domestic Partner

- Copy of Child’s Official State Birth Certificate

 

 

 

 

Adopted Child or child placed with domestic partner for adoption

- Copy of Adoption papers indicating child’s date of birth

 

by the Domestic Partner

- For pending adoptions – see Benefits Guide

 

 

 

 

Step-Child of Domestic Partner

- Copy of Child’s Official State Birth Certificate

 

 

 

- Copy of domestic partner’s Official State Marriage Certificate from

 

 

 

previous marriage

 

Grandchild of Domestic Partner

- Copy of Child’s Official State Birth Certificate

 

 

 

- Copy of Child’s Parent’s Official State Birth Certificate (to show

 

 

 

relationship to domestic partner)

 

Legal Ward of Domestic Partner (permanently resides with my

- Copy of Child’s Official State Birth Certificate

 

domestic partner and my domestic partner is his/her testamentary

- Proof of Residency (Valid Driver’s License, or State-issued

 

or court appointed

guardian for a non-temporary guardianship of

Identification Card, school records or day care records certifying

 

not less than 12 months.)

dependent’s address, Tax Documents listing child’s name certifying

 

 

 

address.)

 

 

 

- Copy of Legal Ward/Testamentary Court

 

 

 

Document, signed by a Judge.

 

Other Child Relative (includes step-grandchildren) of Domestic

- Copy of Child’s Official State Birth Certificate

 

Partner - dependent is related to my domestic partner by blood,

- Proof of Residency (Valid Driver’s License, or State-issued

 

permanently resides with my domestic partner, and my domestic

Identification Card, school records or day care records certifying

 

partner provides his/her sole support.

dependent’s address, Tax Documents listing child’s name certifying

 

 

 

address.)

 

 

 

- Signature of Sole Support Affirmation (see below)

B. Initial the box below, if the Dependent is NOT married. If this person is married, he/she is NOT eligible for State employee/retiree health benefits coverage.

The Dependent is NOT married

C. Initial the box by the statement that describes the Dependent. If neither statement accurately describes this Dependent, this person is not eligible for State employee/retiree health benefits coverage.

The Dependent is under the age of 25.

The Dependent is any age and is incapable of self-support because of a mental or physical incapability incurred before reaching age 25 and is chiefly dependent on me and/or my domestic partner for support.

Sole Support Affirmation for Other Child Relative Dependent ONLY:

I certify by my signature below that the dependent child listed on this form is supported solely by me and/or my domestic partner.

___________________________________________

_____________________

Domestic Partner’s Signature

Date

Part B: Tax Criteria:

In some cases, the dependent of your Domestic Partner may qualify as your eligible tax dependent. If he/she meets all four criteria for the Qualifying Child Test or all three criteria for the Qualifying Relative Test on the following page the coverage attributable to your domestic partner’s dependent may be eligible for tax-favored treatment. If you cannot initial all four Qualifying Child or all three Qualifying Relative criteria, this person is NOT an eligible tax dependent and the portion of your coverage attributable to this dependent is not eligible for tax-favored status.

Initials

Qualifying Child Test Criteria – must meet all four criteria

 

The child is my biological child or adopted child (or placed for adoption by me), my legal ward or child placed with me

 

under court order (not temporary for less then 12 months), sibling, or descendent of my child or sibling (i.e. grandchild,

 

niece, nephew, etc); and

The child lives with me for more than half of the year (more than six months) or is my biological or adopted child and meets the following residence exceptions:

-The child received over half of the child’s support during the calendar year from the child’s parents, who (1) are divorced or legally separated under a decree of divorce or separate maintenance, or (2) are separated under a written separation agreement, or (3) live apart at all times during the last six months of the calendar year; and

-The child is in the custody of one or both of the child’s parents for more than half of the calendar year; and

-

The Child (1) has not attained age 19 as of the close of the calendar year(s) in which coverage is provided, or (2) is a full- time student for at least five months of the calendar year who has not attained age 24 as of the end of the calendar year(s) in which coverage is provided, or (3) is permanently and totally disabled; and

 

The child has not provided more than half of the child’s own support for the calendar year(s) in which coverage is provided.

 

 

 

 

-OR-

 

 

Initials

Qualifying Relative Test Criteria – must meet all three criteria

 

The Dependent has a specified relationship to me: my biological child, my adopted child (or placed for adoption by me),

 

my step-child, my grandchild, my niece, my nephew, my sibling, or a person who is not my lawful spouse who lives with

 

me and is a member of my household for the entire year (this includes a legal ward); and

 

 

 

I provide over half of the Dependent's support for the calendar year(s) in which coverage is provided; and

 

 

 

The Dependent is not my or anyone else's qualifying child for the tax year(s) in which coverage is provided. If this child meets

 

criteria for the Qualifying Child Test, this statement is not true.

We solemnly affirm under the penalties of perjury under applicable state laws, that the foregoing is true and accurate.

We understand that willful falsification of information contained in this Affidavit will result in our termination of enrollment. We understand that a civil action may be brought against us for any losses, including reasonable attorney fees, because of a false statement contained in this affidavit.

_________________________________________

_________________________

Signature of Employee/Retiree

Date

_________________________________________

_________________________

Signature of Domestic Partner

Date

Rev 9/1/09

 

File Breakdown

Fact Detail
Age Requirement Both individuals in the domestic partnership must be at least 18 years old.
Relationship by Blood or Marriage Individuals cannot be related by blood or marriage within four degrees of consanguinity under civil law rule.
Current Relationship Status Both individuals must not be married, in a civil union, or in a domestic partnership with another person.
Financial Interdependence Proof of mutual interdependence can be demonstrated through various means like joint ownership of a residence, vehicle, or bank account, or mutual designation as primary beneficiary in legal documents.
Governing Laws The Affidavit is governed by specific articles in the Annotated Code of Maryland, including Estates and Trusts Article, §13-601, and Health-General Article, §5-601 et seq.

Steps to Filling Out Maryland Domestic Partnership

Filling out the Maryland Domestic Partnership form is a straightforward process that requires attention to detail and access to specific documents verifying your partnership and financial interdependence. This form is essential for those seeking to declare a domestic partnership officially, which may lead to eligibility for certain benefits, such as health insurance or tax advantages. This process involves confirming your partnership status, providing evidence of financial interdependence, and, if applicable, declaring dependents. Follow these steps carefully to ensure a smooth filing process.

  1. Start by entering the full names of the Employee/Retiree and the Domestic Partner in the designated spaces at the beginning of the affidavit.
  2. Confirm that both partners meet the age requirement of being at least 18 years old and are not related by blood or marriage within four degrees of consanguinity under civil law rule.
  3. Verify that neither you nor your partner is married, in a civil union, or in a domestic partnership with another individual.
  4. Demonstrate the commitment and mutual interdependence of the relationship by ticking the appropriate box and providing evidence such as joint ownership of a vehicle, joint lease, or mortgage documents. Other acceptable documents include joint financial accounts, primary beneficiary designations, mutual durable powers of attorney, or written advanced directives recognizing each other as health care agents.
  5. Prove your shared common primary residence with documents like a joint lease or mortgage, driver’s licenses or state IDs, or a utility bill that lists both names.
  6. If your domestic partner qualifies as an eligible tax dependent, initial each of the applicable descriptions under the "Tax Affidavit for Domestic Partner" section and attach a copy of your most recent income tax filing with salary information redacted.
  7. Complete the "Domestic Partner’s Dependents" section, if applicable, by providing the requested information about the dependent, including name, date of birth, and social security number, along with documentation proving the dependent's relationship to the domestic partner.
  8. For each dependent, initial the appropriate boxes under Part A to affirm the dependent's eligibility for health benefits, including relationship to the domestic partner, marital status, and age or capability requirements. Provide all required documentation as listed.
  9. In Part B, initial the boxes that apply under the Qualifying Child Test or Qualifying Relative Test criteria to establish the dependent’s eligibility as a tax dependent, if applicable.
  10. Each party (Employee/Retiree and Domestic Partner) must sign and date the form, affirming the truthfulness of the information provided under the penalties of perjury. Include social security numbers where indicated.
  11. Review the affidavit for completeness and accuracy before submitting it to the Department of Budget and Management, Employee Benefits Division, along with all required supporting documents.
  12. Remember to promptly notify the Department of any changes to your domestic partnership status or any other circumstances attested to in the affidavit.

By carefully following these steps and providing accurate information, you and your partner can successfully file your Maryland Domestic Partnership affidavit. This process is not just a formality; it is a declaration of your commitment to each other and an important step in securing your rights and benefits as a domestic partnership within the state of Maryland.

More About Maryland Domestic Partnership

What is a Domestic Partnership in Maryland?

In Maryland, a Domestic Partnership is a relationship between two adults who live together and are mutually interdependent, but not married, in a civil union, or part of another domestic partnership. To qualify, both individuals must be at least 18 years old, not related by blood or marriage within four degrees of consanguinity, and have been in a committed relationship for at least 12 consecutive months. They must share a common primary residence and have financial interdependence demonstrated through various means such as joint ownership of property or accounts, or designating each other as primary beneficiaries in legal documents.

How can I establish a domestic partnership in Maryland?

Establishing a domestic partnership in Maryland requires completing an Affidavit for Domestic Partnership. This affidavit involves certifying that both partners meet the conditions set forth for domestic partnerships in Maryland, such as age, non-relatedness, exclusivity of the partnership, financial interdependence, and cohabitation. It's essential to provide supporting documents like joint leases, bank account information, or beneficiary designations to prove financial interdependence and common residency.

What documents are needed to prove financial interdependence?

Proving financial interdependence for a domestic partnership in Maryland can be done through providing any of the following documents that bear both individuals' names:

  • Joint ownership or lease of a motor vehicle
  • Joint lease, mortgage, or deed of your primary residence
  • Joint checking, savings, investment, or credit account
  • Designation as the primary beneficiary for life insurance, retirement benefits, or in each other’s wills
  • Mutual assignments of durable powers of attorney or advanced directives

How do we demonstrate we share a common primary residence?

To demonstrate a shared common primary residence, partners can provide:

  • A joint lease, mortgage, or deed of your primary residence
  • Driver’s licenses, state-issued identification cards, or voter’s registration cards that list the same primary address
  • Utility or other household bills with both names appearing

Can a domestic partner’s dependent be added to health benefits?

Yes, a domestic partner's dependent may be added to health benefits if they meet certain criteria regarding their relationship to the domestic partner (biological child, adopted child, step-child, etc.), marital status, age, and capability for self-support. Documentation such as official birth certificates, adoption papers, or legal guardianship documents may be required to prove the dependent's eligibility.

What criteria must a domestic partner meet to be considered a tax dependent?

To consider a domestic partner as a tax dependent, the following criteria must be met:

  1. The domestic partner must not be the taxpayer's lawful spouse.
  2. They must live together all year as members of a household.
  3. The taxpayer provides over half of the domestic partner’s support for the calendar year(s) in question.
  4. The domestic partner must not be anyone’s qualifying child for the tax year(s).

Initialing the applicable statements on the affidavit and including a copy of the most recent tax filing, with salary details hidden, is required.

What happens if we provide false information on the Affidavit for Domestic Partnership?

Providing false information on the Affidavit for Domestic Partnership is a serious matter that may result in termination of enrollment and coverage, referral for investigation and prosecution, and potential civil action for recovery of losses caused by the false statement. This could include reasonable attorney fees. In some cases, employment-related actions may be taken against active employees who file false affidavits. Partners are obliged to notify the Department of Budget and Management, Employee Benefits Division about any changes to the circumstances attested in the affidavit.

Common mistakes

Filling out the Maryland Domestic Partnership form requires careful attention to detail to ensure accuracy and completeness. Common mistakes can lead to unnecessary delays or even the rejection of the application. To avoid such outcomes, it's crucial to be aware of the pitfalls encountered during this process:

  1. Not Meeting Age Requirements: Every individual applying must be at least 18 years old. Any oversight in confirming this criterion can invalidate the entire application.
  2. Omission of Required Documents for Financial Interdependence: Applicants frequently neglect to attach the necessary documents proving financial co-dependence, such as joint bank account statements or co-ownership of property. This documentation is vital for establishing the financial interdependence of the domestic partnership.
  3. Incorrect or Incomplete Beneficiary Information: Another common error is not properly designating the primary beneficiary for life insurance, retirement benefits, or wills. It's essential to ensure that these designations are updated and accurately reflect the current domestic partner.
  4. Failure to Prove Common Residence: Applicants must provide evidence of sharing a common primary residence. Failure to provide adequate documentation, such as joint lease agreements or utility bills featuring both partners’ names, can result in processing delays.
  5. Not Providing Proof of Tax-Dependent Status: If claiming a domestic partner or their dependents as eligible tax dependents, one must include the most recent income tax filing (with salary details omitted). Overlooking this step might lead to an inability to obtain tax-favored treatment for the partner or dependents.
  6. Forgetting to Update Information on Changes: Once the affidavit is filed, it is mandatory to report any changes to the Department of Budget and Management, Employee Benefits Division. Failing to do so may lead to complications or termination of coverage.

Addressing these specific areas of concern can significantly streamline the process of registering a domestic partnership in Maryland, ensuring that the rights and benefits due are promptly accorded.

Documents used along the form

The Maryland Domestic Partnership form is a significant document that plays a vital role in recognizing the relationship between two individuals as a domestic partnership. This recognition is crucial for various reasons, including health benefits, property rights, and in some cases, tax considerations. Alongside the affidavit for domestic partnership, there are several other forms and documents that are commonly used to support or complement the information provided in the domestic partnership affidavit. These documents are essential for ensuring that all legal criteria are met and that the partnership is recognized for all intended purposes.

  • Power of Attorney: This legal document allows one partner to make decisions on behalf of the other in financial or health matters, especially in situations where one partner becomes incapacitated. It's essential for ensuring that both partners' wishes are honored in critical situations.
  • Advanced Health Care Directive: Often used along with a Power of Attorney, this document specifies an individual's healthcare preferences in case they become unable to make these decisions themselves. It may include the domestic partner as the designated agent to make medical decisions, ensuring that medical care aligns with the individual’s wishes.
  • Joint Tenancy Agreement: For partners who own property together, a joint tenancy agreement is a document that ensures both partners have equal ownership of the property. This agreement comes with the right of survivorship, meaning if one partner dies, the other automatically inherits the deceased partner’s share of the property, bypassing the estate.
  • Designation of Beneficiary Forms: These forms are used to designate the domestic partner as a beneficiary for various accounts, including retirement accounts, life insurance policies, and bank accounts. Ensuring that these forms are filled out correctly can provide financial security to the surviving partner in the event of the other’s death.

Each of these documents plays a distinct and crucial role in protecting the rights and interests of both partners in a domestic partnership. While the Maryland Domestic Partnership form establishes the partnership itself, these additional documents provide a further layer of legal protection and clarity about each partner's wishes and rights. It's important for partners to consider these documents carefully and to seek legal advice to ensure that all legal aspects of their partnership are thoroughly addressed.

Similar forms

The Maryland Domestic Partnership form is similar to a Civil Union Affidavit found in states where civil unions are recognized. Both documents require partners to affirm their relationship status, declare their financial obligations to each other, and meet residency requirements. The key similarities include affirmations regarding the exclusivity and seriousness of the relationship, age and consanguinity restrictions, and shared financial responsibilities. These documents also demand proof of cohabitation and financial interdependence through various means, such as shared ownership of property, joint bank accounts, or designated beneficiary status in financial arrangements and healthcare directives. By requiring these criteria, both forms serve to legally acknowledge and protect the rights and obligations of the partnership within the scope of state law.

Additionally, the form bears resemblance to a Power of Attorney and Advanced Healthcare Directive, especially concerning financial interdependence and healthcare decision-making. Just like those documents allow individuals to make legal and health-related decisions on behalf of one another, the Maryland Domestic Partnership form includes elements that prove the couple's commitment to managing each other's affairs. This is evident in the requirement for mutual valid durable powers of attorney under Estates and Trusts Article, and mutual valid written advanced directives under Health-General Article. These aspects highlight the serious consideration partners must give to their ability to act for one another in legal and medical contexts, solidifying their dedication to each other’s well-being, much like a Power of Attorney and Advanced Healthcare Directive.

The tax affidavit portion of the Maryland Domestic Partnership form is analogous to declarations made in state tax forms where domestic partners can declare each other as dependents, under certain conditions. The criteria outlined for a domestic partner to qualify as an eligible tax dependent closely mirror the Internal Revenue Service's requirements for declaring a qualifying relative or child on federal tax filings. These similarities include needing to live together for the entire year, providing more than half of the dependent's support, and not being anyone else's qualifying child. By mirroring these requirements, the form underscores the importance of financial interdependence and support within the partnership, similar to the commitments recognized by state and federal tax laws.

Dos and Don'ts

When filling out the Maryland Domestic Partnership form, there are several things you should do and avoid to ensure the process goes smoothly. Here's a comprehensive guide to help you navigate through the form:

Do:
  • Ensure both partners are at least 18 years old. This is a strict requirement for filing a domestic partnership in Maryland.
  • Verify that you're not related by blood or marriage within four degrees of consanguinity. Understanding the legal boundaries of your relationship is crucial.
  • Confirm neither partner is married, in a civil union, or another domestic partnership. This helps prevent any legal complications.
  • Provide evidence of a committed relationship and financial interdependence such as joint ownership of property, or a shared bank account.
  • Supply proof of a common primary residence. Documents like joint leases, utility bills, or identification cards showing a shared address are essential.
Don't:
  • Overlook the requirement to sign in the presence of a notary. This formalizes the affidavit, making it legally binding.
  • Forget to provide documentations for dependents, if applicable. Whether adding a dependent child or claiming a partner for tax-favored treatment, the correct paperwork is vital.
  • Misrepresent any information. Honesty is imperative as misinformation can lead to legal consequences including termination of enrollment or coverage.
  • Delay notifying the Department of Budget and Management about changes. Any change in your situation must be promptly communicated to maintain the integrity of your domestic partnership status.
  • Attempt to file another affidavit within one year of terminating a domestic partnership. Understanding this timeline is crucial for maintaining compliance and respect for the process.

Misconceptions

There are several common misconceptions regarding the Maryland Domestic Partnership form that can lead to confusion for individuals looking to apply. Clearing up these misunderstandings is critical to ensure that applicants have a correct understanding of the requirements and implications of filing such an affidavit. Below are six frequently encountered misconceptions:

  • Domestic partnerships offer the same legal benefits as marriage: While domestic partnerships in Maryland provide some benefits, such as eligibility for health benefits for partners and dependents, they do not afford all the legal rights and protections that marriage does. This distinction is crucial in understanding the legal standing and benefits available to domestic partners.
  • Any cohabiting couple can file for a domestic partnership: The criteria for establishing a domestic partnership are specific. Both individuals must be at least 18 years old, not related by blood or marriage within four degrees of consanguinity, and not currently married or in a domestic partnership with another person. Additionally, they must have been in a committed relationship of mutual interdependence for at least 12 consecutive months, among other requirements.
  • Financial interdependence is optional for proving a domestic partnership: To establish a domestic partnership in Maryland, partners are required to demonstrate financial interdependence through at least one of several specific documents such as joint ownership or lease of a motor vehicle, joint financial accounts, or mutual designation as primary beneficiaries in legal documents.
  • All dependents of a domestic partner automatically qualify for benefits: Dependents of a domestic partner must meet certain criteria related to their relationship, marital status, age, and capability to be eligible for health benefits. Specific documentation is required to prove eligibility, and not all dependents may qualify under the guidelines provided by the Maryland Domestic Partnership form.
  • Tax benefits are guaranteed for domestic partners: The tax implications for individuals in a domestic partnership can be complex. A domestic partner may qualify as a tax dependent under certain conditions, but this eligibility is not automatic and requires meeting specific IRS criteria. It's important for partners to understand these conditions to accurately assess their tax situation.
  • Falsification of information on the affidavit has no consequences: Submitting false information on a Maryland Domestic Partnership form is taken very seriously. It can result in significant legal consequences, including the termination of enrollment and coverage, referral for investigation and prosecution, and the possibility of a civil action for any losses incurred due to the false statement.

Understanding the intricacies of the Maryland Domestic Partnership form is critical for couples considering this option to ensure they comply with the requirements and are fully informed about the legal and financial implications of their decision.

Key takeaways

Filling out and using the Maryland Domestic Partnership form requires careful attention to detailed criteria and proper documentation to ensure the application is valid. The four key takeaways below will help guide individuals through this process:

  • Eligibility: Both partners must be at least 18 years old, not related by blood or marriage within four degrees of consanguinity, not married or in a domestic partnership with someone else, in a committed relationship for at least 12 months, and sharing a common primary residence.
  • Proof of Financial Interdependence: Applicants must provide documentation proving financial interdependence, such as joint ownership of a vehicle, property, a shared bank account, designation as primary beneficiaries in life insurance or wills, mutual durable powers of attorney, or advance directives.
  • Dependent Tax Affidavit: If claiming a domestic partner or the partner's dependents for tax-favored treatment, applicants must initial specific criteria and provide a copy of the most recent income tax filing, ensuring personal salary information is redacted. This step is crucial for tax purposes and requires accuracy to avoid legal implications.
  • Legal and Financial Implications: Falsification of information on this form is taken seriously and can lead to investigation, prosecution, and the termination of enrollment and coverage. It also exposes the involved parties to civil action for losses incurred due to false statements. Hence, utmost honesty is mandated throughout the process.

The process not only validates the status of a domestic partnership in Maryland but also has significant legal and financial implications, particularly in terms of benefits coverage and tax status. Therefore, adherence to the stipulated requirements and transparent disclosure of all pertinent information is essential.

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