Put a Ring On It or Lose Domestic Partner Benefits

Following the Supreme Court’s landmark 2015 ruling that legalized same-sex marriage, a growing number of employers are requiring same-sex couples to marry to receive health care benefits.

For many employers, domestic partner benefits were a way to provide equal coverage to employees in both same-sex and opposite-sex relationships. However, with the legalization of same-sex marriage, same-sex couples now have the ability to marry—meaning that domestic partner benefits are no longer needed to provide a consistent benefit package.

Put a Ring On It or Lose Domestic Partner Benefits

In 2014, one year before the ruling, employers reported that:

  • 51% provided benefits to same-sex partners in a civil unions
  • 59% provided benefits to same-sex domestic partners
  • 79% provided benefits to same-sex spouses.

In 2016, one year after the ruling, the number of employers offering health care benefits to unmarried same-sex couples has dropped. Employers report that:

  • 31% are providing benefits to same-sex partners in civil unions (down 20% from 2014)
  • 48% are providing benefits to same-sex domestic partners (down 11% from 2014).

At the same time, the number of employers offering health care benefits to same-sex spouses increased.

  • 86% of employers are providing benefits to same-sex spouses (an increase of 7% from 2014).

The results are perhaps not surprising, given that immediately after the 2015 SCOTUS ruling, three out of ten employers reported they were likely to discontinue providing benefits to same-sex domestic partners.

[Related: Certificate in Strategic Benefits Management, October 9-14, 2017, San Jose, California]

By dropping domestic partner benefits and requiring all couples to marry, employers are able to ease some of the administrative burden that comes with maintaining a separate domestic partner policy.

However, it’s unlikely that domestic partner benefits will disappear completely. Competitive employers are always working to provide an inclusive benefit package and offering domestic partner benefits can build a culture of inclusion and help the company attract the best talent.

Larger organizations are the most likely to be maintaining same-sex domestic partner benefits. Three out of four organizations (77%) with 10,000 or more employees continue to offer domestic partner benefits.

Findings above were drawn from Employee Benefits Survey: 2016 Results, Domestic Partner Benefits After the Supreme Court Decision: 2015 Survey Results and Employee Benefits for Same-Sex Couples: The DOMA Decision One Year Later.

Brenda Hofmann
Senior Communications Associate at the International Foundation


Senior Communications Associate at the International Foundation

Favorite Foundation service/product: Today’s Headlines Benefits-related topics that grab her attention: Wellness, work/life balance, retirement security, unique perks, anything related to new mommas: maternity leave, pumping at work, on-site daycares, family friendly workplaces etc.​ Favorite Foundation event: The day we wait all year for–National Employee Benefits Day! Personal Insight: Brenda goes with the flow and this approach to life puts everyone around her at ease. Brenda enjoys the mix of roles she plays from public relations pro to new mom and wife.

Recommended Posts

Missing Participants: Help From SECURE 2.0 and the Latest Best Practices  

Guest Contributor

Benefits Magazine Extras articles provide you with bonus content on a mix of benefits topics as well as deep dives and analyses on the latest benefit trends and compliance issues. Foundation members can visit ifebp.org/benefitsmagazine to view the full bimonthly print edition of the […]

FAQs on Workplace Emergency Savings Accounts Under SECURE 2.0  

Jenny Gartman, CEBS

The U.S. Department of Labor (DOL) Employee Benefits Security Administration (EBSA) has issued FAQs on optional pension-linked emergency savings accounts (PLESAs) as part of the implementation of the SECURE 2.0 Act of 2022 (ERISA section 801). SECURE 2.0 authorized 401(k), 403(b) and governmental […]

Foundation Survey Results–Focus on Mental Health Initiatives in Apprenticeship Programs

Justin Held, CEBS

The International Foundation just released Top Trends in Apprenticeship Programs—2024 Survey Results, the 8th iteration of their apprenticeship program benchmarking survey. In addition to focusing on trends, such as individual and program challenges, life skills, and partnerships, this iteration takes a deep […]