March 3, 2010 – In August 2009, the Wisconsin Legislature enacted 2009 Wisconsin Act 28, creating an entirely new legal status for couples: domestic partnership. More precisely, the law created two new statutory relationships, both called domestic partnerships, both referring to its participants as domestic partners, and both providing individuals in nonmarital relationships certain rights and benefits otherwise available only to married couples.

Domestic partnership under chapter 40, Public Employee Trust Fund, makes all benefits administered by the State of Wisconsin Department of Employee Trust Funds (ETF) available to the same-sex or opposite-sex domestic partners of state employees and employees of local governments participating in ETF programs.

Domestic partnership under chapter 770 is available only to same-sex couples. The effects and benefits of chapter 770 domestic partnership are widely scattered throughout the statutes, from the right to share a room or have private visits in a nursing home under section 50.09 to the right to crime-victim compensation under chapter 949. The expansive scope of statutory provisions affected by chapter 770 means that practitioners in a range of fields need to be aware of the law and its effects. For example:

• Labor and employment lawyers need to be familiar with the protections applicable to domestic partners under the state Family and Medical Leave Act.

• Personal injury lawyers can bring wrongful death claims on behalf of surviving domestic partners.

• Real estate practitioners will need to learn how the changes in presumptions for real-estate titling and the new transfer-fee exemption for domestic partners will affect their clients.

• Criminal-defense attorneys and prosecutors need to be familiar with the evidentiary privilege now available to domestic partners.

• Health-law attorneys should be advising clients of expanded provisions on health records and visitation privileges affecting domestic partners.

• Estate planners and probate practitioners, who are most affected, must become familiar with all of the extensive changes affecting not only clients in domestic partnerships but – potentially – heirs and fiduciaries of domestic partners.

To help Wisconsin practitioners determine how chapters 40 and 770 affect their clients, the State Bar of Wisconsin CLE Books has compiled the Desk Reference to Wisconsin’s Domestic Partnership Laws. This volume reprints the relevant portions of chapter 40, all of chapter 770, and all the statutes amended under Act 28 to encompass domestic partnership. It also includes articles and reference guides discussing the implications of these laws. So if you’re unsure whether your clients meet the definition of either type of domestic partnership, or if you’re wondering whether Act 28 has any implications for your practice, order a copy of Desk Reference to Wisconsin’s Domestic Partnership Laws today.

This desk reference costs $40 for members and $55 for nonmembers, plus tax, shipping, and handling. To order, or for more information, contact the State Bar at (800) 728-7788 or (608) 257-3838, or visit www.wisbar.org/cle/books.

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