Civil Union vs. Marriage

Civil unions—aka civil partnerships—are a legally recognized alternative to marriage for all types of couples. 

Civil unions came into play in the 1970s when marriage wasn't a legal option for same-sex couples to formalize their relationship. Civil unions offered couples a way to express their commitment and gain the same legal protections and benefits as a married couple.

In the landmark 2015 case Obergefell v. Hodges, the Supreme Court ruled in favor of same-sex marriage, striking down state-level bans on same-sex marriage and mandating states to honor out-of-state licenses for same-sex marriages. Despite this ruling, some couples continue to prefer civil unions to define their legal relationship status.

Both same-sex and opposite-sex couples seek out these arrangements for different reasons. Marriages and civil unions each offer certain legal rights and privileges, but they don’t carry the same weight in every scenario. If you’re considering whether to get a civil union, it’s important to understand which arrangement best aligns with your relationship’s needs and values.

Civil unions vs. marriage: A quick overview 

Here are some key considerations to keep in mind—before, during, and after a relationship: 

• Before: It’s essential for individuals entering a civil union to understand the limited recognition of their union. Only states recognize civil unions, not the federal government. This affects several aspects of partnership, such as the ability to enter a prenuptial agreement, relocate and still be accepted as partners, make medical judgments, or access federal benefits for tax purposes. The decisions you make together will often be more complex than those of a legally married couple. 
• During: Couples in a civil union generally have the same protections and rights as a married couple, but this spousal privilege is only prevalent in states and counties that accept this form of legal union. Married couples enjoy all state and federal benefits, regardless of where they live or move. 
• After: Divorce is standardized across the U.S., with established legal precedents and procedures.

Dissolving a civil union can be complex because not all states follow the same procedures. In some areas, the process is similar to divorce, while in others, it requires just signing a termination agreement. This inconsistency can make the situation more challenging to navigate. 

Similarities between marriage and civil union

In states that recognize civil unions, this arrangement can provide many of the same protections and legal rights as a marriage.

• Spousal privilege. A partner can’t be forced to testify against the other in court. 
• Inheritance rights. If one partner dies, the other can inherit their assets. 
• Healthcare rights. One partner in a civil union may make medical decisions on behalf of their partner and get unlimited hospital visitation privileges if they are sick.
• Parental rights. Both parties have joint parental rights over children. Partners in a civil union can also adopt children together (including same-sex couples). In some states, civil union partners can legally adopt their partner's biological child.
• Property ownership. A couple in a civil union can have joint ownership of property and rights of survivorship. The couple will also get community property rights if they’re residing in a community property state. 
• Estate planning. Civil union couples can plan their estate together and share ownership. Also, if one partner dies, the other can inherit all of the deceased’s estate. 
• State taxes. Couples in a formalized civil union can file state taxes jointly. Federal taxes, on the other hand, must be filed independently.
• Financial assistance. A civil union partner can seek financial support or alimony from the other in case the relationship ends.
• Formalization of union. To become legally married, you need to secure a marriage license and undergo a civil or religious ceremony. Forming a civil union follows a similar process. A couple must obtain a civil union certificate or license before they can reap benefits of this legal arrangement. 

Differences between marriage and civil union

Civil unions formalize your committed relationship, but they don't necessarily provide the same benefits and rights as a marriage. Let’s dig deeper into how they differ.

Legal recognition

Marriages are recognized at the state and federal levels, while civil unions are recognized only at the state level. The legal protections and benefits afforded to partners in a civil union are slightly different from state to state.

Government benefits 

The federal government recognizes marriages and provides them with some pretty attractive perks like tax breaks and access programs such as Medicare, Medicaid, or Social Security benefits. In a military setting, a veteran's spouse is eligible for health coverage and educational assistance, but a civil union partner is generally not. 

Access to spouse's employment benefits 

Employers are generally not mandated to offer civil union partners access to employment benefits like health insurance, bereavement leave, and life insurance. So, your partner’s ability to take caregiver leave or access your health insurance depends on where you live, state law, and your employer’s discretion to offer these benefits. The significant variance in policies and access to benefits can be confusing and is a major drawback of civil partnerships. 

Transferability

Marriages are legally recognized across all 50 states. The same isn’t always true for civil unions or domestic partnerships. This can make things such as moving to another state a bit more complicated. 

Here is a real-world example: you and your partner form a civil union in California, a state that affords you the same legal protection and benefits as a married couple. You get the job of your dreams, but it requires you to move to Texas, a state that doesn’t recognize this type of union. This changes things drastically! Some states, like New York, acknowledge out-of-state civil partnerships to a certain extent, but often not to the same degree as ones formed in-state. 

Dissolution process

Marriage ends through the standardized process of divorce, which dictates how assets, child custody, and spousal support may be awarded or negotiated. The process of officially saying “goodbye” to a civil union is not as clear-cut, nor does it have established guidelines or protocols to follow. For example, a civil union dissolution in Delaware follows the same process as a divorce, but in California, the couple simply has to complete and sign a Notice of Termination of Domestic Partnership to call it quits. 

The dissolution gets even more complex if the couple moves to a state that doesn’t formally recognize their relationship. So, how do you end your relationship if your new state doesn’t even acknowledge your union? It can be a headache. An experienced family law attorney can help you navigate this procedural maze most effectively. 

Tax breaks

Because Uncle Sam doesn’t accept or recognize civil unions, a couple in this arrangement loses out on the ability to file taxes jointly. Married couples qualify for a larger standard deduction (which could lead to lower federal taxes) and can deduct health insurance expenses from their income. Some states allow joint state tax filings for both married and civil partners.

Civil union or marriage: 5 tips to decide what’s best

So, how do you choose the best legal status for you and your partner? Here are a few tips that can help you make the right call for your ever-after:

• Talk about personal preference. Have honest discussions about preferences, expectations, and needs from your relationship. Also consider whether or not a marriage holds significant religious value to either of you. If yes, then a civil union might not tick that checkbox.
• Consider your location and mobility options. Does your state accept civil unions? If you envision yourself moving often, remember that civil unions are subject to local law, which could change the nature of your legal rights when you move.
• Discuss long-term issues. Because civil unions are not federally recognized, accessing certain benefits will be off the table. Even in states that provide legal protections for civil unions, there's a lot of variability in privileges offered. Consider your access to health coverage, medical power of attorney, inheritance rights, financial support, and other legal protections afforded to marriage. 
• Examine your financial standing. From federal and state tax breaks to sharing mortgage loans, assess your current and future financial needs before deciding which type of union to form.
• Speak to a family law attorney. Everyone’s situation is unique and only a family law attorney can explain whether or not a civil union makes sense for your circumstances. 

FAQs

Can a civil union be converted into a marriage?

If you and your partner are in a civil union and want to tie the knot formally, you can most certainly do that. You'll have to officially dissolve your civil partnership and apply for a marriage license. An experienced attorney can guide you through this process.

Are civil unions the same as domestic partnerships? 

In some states, like California and Nevada, civil unions are also known as domestic partnerships. But, in Florida, there’s a difference between the two. It’s best to contact a local attorney to understand your state law and whether or not there’s a distinction between them.

Can you get a prenup with a civil union?

Prenuptial agreements are only valid and enforceable once a couple gets officially married. You can get a domestic partnership or cohabitation agreement before entering a civil union. They work similarly to a prenuptial agreement, but their validity could be subject to state laws.