Civil Union vs. Domestic Partnership: A Legal Review

Before 2015, civil unions and domestic partnerships were arrangements typically reserved for same-sex couples, as there was no federal protection for same-sex couples to get married. While some states would recognize same-sex marriage, others did not. 

During this time, many same-sex couples turned to domestic partnerships and civil unions to receive some legal protections and recognition of their relationship. Many struggled with certain aspects of civil life because they lacked the protections afforded by marriage around family law issues. This might include complications around child custody, hospital visitation rights, and inheritance rights. 

After the U.S. Supreme Court’s decision in Obergefell v. Hodges in 2015, same-sex marriages received constitutional protection. They can now marry and have that marriage recognized in all 50 states. 

Civil unions and domestic partnerships at a glance

Before the 2015 Obergefell decision, the only alternative to marriage for same-sex couples was a civil union or domestic partnership. 

These alternatives are still available to those who want legal recognition of their relationship but don’t want to get married. 

Civil union

A civil union is a legally recognized partnership between two individuals that grants many of the same rights and responsibilities as marriage, but is typically recognized only at the state level and does not provide federal benefits. Heterosexual and same-sex civil unions receive the same benefits.

Civil unions were first legalized in Vermont in 1999 to provide same-sex couples with state-level protection. After the passage of Obergefell in 2015, many states have replaced civil unions with marriage. 

Civil unions are still available in the following states:

• Colorado
• Hawaii
• Illinois
• New Jersey

Domestic partnership

A domestic partnership is a legally recognized relationship between two people that affords certain levels of protection and benefits, similar to those of marriage. The benefits of a domestic partnership vary greatly in terms of the rights included and the level of recognition, which can be municipal, state, or occasionally broader.

These states recognize domestic partnerships:

• California
• District of Columbia
• Maine
• Maryland (with limited benefits)
• Nevada
• New Jersey
• Oregon
• Washington
• Wisconsin

You can find a similar relationship status in two other states. These states offer programs that are similar to domestic partnerships but go by different names and have slightly different regulations.

• Colorado (designated beneficiary agreement)
• Hawaii (reciprocal beneficiary relationship)

Common law marriage

A common law marriage is when people live together, identify as married, and intend to get married. Some states require couples to have lived together for a set number of years, and protections vary between states.

Here are the states where you can get a common law marriage:

• Colorado
• District of Columbia
• Iowa
• Kansas
• Montana
• Oklahoma
• Rhode Island
• Texas

Similarities between civil union and domestic partnership

While not the same, there are a number of similarities between civil unions and domestic partnerships. These include the following:

• Legal recognition. Both are recognized legally by states but generally not at the federal level. This recognition provides a framework for rights and responsibilities similar to those of married couples, though the rights are constrained within the recognizing states.
• Legal protection. While it’s possible to get a prenuptial agreement for both types of unions, the process is vastly more complex (costly and time-consuming) due to the state-level legal intricacies. Plus, the enforceability of such agreements depends on state laws.
• Healthcare rights. Domestic partners and those in civil unions often have the right to make medical decisions for each other and can have visitation rights in hospitals similar to those granted to married spouses.
• Financial and estate benefits. Both statuses can offer financial benefits such as eligibility for family health insurance plans, rights to inherit property, and the ability to make financial decisions on behalf of a partner.
• Employment benefits. Some employers recognize both civil unions and domestic partnerships for the purpose of benefits like health insurance and bereavement leave.
• Parental rights. Each legal relationship may grant partners the right to parental responsibilities and rights, such as adopting a partner’s child or making educational decisions.
• End-of-life rights. These include the ability to make end-of-life decisions and rights to inherit in the absence of a will, similar to those granted to married couples.

Key differences between civil unions and domestic partnerships

Depending on your state and the legal protections offered for both civil unions and domestic partnerships, there can be some significant differences to take into account before choosing which status is right for you and your partner.

Legal status and recognition 

Civil union benefits vary by state but typically provide a legal status almost equivalent to marriage. They often confer nearly all the state-level rights and responsibilities of marriage. Unlike civil unions, domestic partnerships generally offer fewer rights when compared to civil unions and are often recognized at local or municipal levels, and sometimes the state level. The rights conferred to registered domestic partners can vary significantly from place to place.

Coverage and portability

Civil unions are recognized in only four states, while domestic partnerships are recognized in nine states, and two other states have similar but differently named statuses. Civil unions are recognized in the state where they’re granted and a few other states that recognize those types of unions. (Maine, Nevada, and New York) Domestic partners may find that their relationship is less likely than civil unions to be recognized outside of the jurisdiction in which they’re granted.

Social and cultural recognition 

Civil unions are generally regarded as more formal and closer to marriage, which can affect social recognition and the way they are perceived by others. Domestic partnerships are often seen as a less formal relationship status (and sometimes used in platonic relationships), which can influence both social perception and the practical application of the benefits they confer.

4 tips to help you decide which is right for you

If you’re weighing the options for which type of relationship status is right for you, these tips may help you to better understand your options.

1. Consider your location and mobility needs. To get a civil union, you must live in one of the four states that grant it. Domestic partnerships are often tied to more local regulations, such as city or municipal locations. If you plan on moving, these unions may not be recognized. Marriage is federally recognized in all 50 states and all local jurisdictions.
2. Think about future plans. Deciding which status is right for you will also depend upon your future plans. Examine the long-term aspects of your life with your partner, such as estate planning, health decisions, and retirement benefits. 
3. Consult a family lawyer. Because laws vary greatly by location and can change over time, consulting with a lawyer who specializes in family law can provide personalized advice and help you understand all the implications of each option. 
4. Talk to your partner. Ensure that both you and your partner discuss your expectations, legal needs, and personal beliefs. This decision should align with the needs and values of both partners.

FAQs

How do civil unions and domestic partnerships differ from marriage?

Marriage is federally recognized and provides a number of federal legal protections. Civil unions and domestic partnerships are only recognized in a few states and provide only state- or municipal-level protection.

Why might couples choose a civil union or domestic partnership over marriage?

Some people do not want to get married, and, therefore, opt for a civil union or domestic partnership. For the highest level of legal protection and benefits, a legal marriage is the optimal choice.

Who can enter into civil unions and domestic partnerships?

To enter into a civil union or domestic partnership, both people must meet the following requirements:

• Be 18 years or older
• Not be married to anyone else
• Not be related in any way
• Live together and be in a committed relationship
• Live in a jurisdiction where these statuses are an option
• Have agreed to be mutually responsible for each other’s financial lives and welfare
• Be mentally competent to agree to a partnership arrangement

Civil unions and domestic partnerships are available to both same-sex partners and opposite-sex couples.

How do you dissolve a domestic partnership or civil union?

Both a civil union and a domestic partnership are legally binding contracts. As such, they must be legally dissolved if the partners no longer want to be together. The way to dissolve the status will depend upon the state and its procedures. 

In many states, dissolving a domestic partnership or civil union is similar to a divorce. The couple must agree upon issues such as property division, child custody, child support, and spousal support.