What Is a Civil Union, and Is It Right for You?

As with marriage, a civil union is a legal relationship between two people. While both civil unions and marriages can provide couples with state-level privileges and protections, it’s important to note that not all states recognize civil unions. This can affect the consistency and availability of legal benefits. 

This article explains the benefits and disadvantages of a civil union to help you decide whether it’s the right option for you. 

Civil union overview

Before the federal government recognized same-sex marriage, many same-sex couples used civil unions to obtain legal recognition of their relationships.

Same-sex couples can now get married in all 50 states, but federal law does not recognize civil unions. Although a couple in a civil union may have a substantially similar legal relationship to a married couple on a state level, they do not have access to the same federal benefits and protections as married spouses. 

Civil union background

The Defense of Marriage Act (DOMA) was passed in 1996 and defined marriage as a legal union between a man and a woman. While DOMA didn’t exactly outlaw gay marriage—it left the choice to ban same-sex marriages up to the states—it did specify that only opposite-sex couples could receive the federal benefits associated with marriage. 

Vermont was the first state to recognize civil unions between same-sex couples. The Vermont Supreme Court ruled in Baker v. Vermont (1999) that same-sex couples have the right to the same benefits and protections the state provides married opposite-sex couples. This decision led to the emergence of civil unions in Vermont as an alternative to same-sex marriage. Over the next few years, other states joined Vermont in allowing civil unions for same-sex partners. 

The Supreme Court decided in U.S. v. Windsor (2013) that the part of DOMA that limited marriage to opposite-sex couples was unconstitutional. While individuals in a same-sex marriage were now entitled to federal protections and benefits, DOMA still allowed individual states to decide whether or not to recognize same-sex marriages from other states. 

The Supreme Court ruled in Obergefell v. Hodges (2015) that state bans on same-sex marriage are unconstitutional, giving these couples the same legal right to marriage nationwide as opposite-sex couples. All states now allow and recognize same-sex marriages that were conducted in other states. 

The Supreme Court ruling did not address civil unions. Couples in a civil union still do not receive federal recognition of their relationships, regardless of whether they are same-sex or opposite-sex. After Obergefell v. Hodges (2015), some states converted civil unions to marriages, and most states did away with the institution altogether. As of 2024, only four states still allow civil unions. 

Civil union states

Colorado, Hawaii, Illinois, and New Jersey are the only states that currently allow civil unions.

• Colorado. Parties in a civil union are included in the definition of “spouse” under Colorado’s civil union law. State laws concerning issues such as child custody, spousal financial support, property ownership, workers’ compensation, and probate apply equally to civil union partners and married spouses. 
• Hawaii. Hawaii offers both civil unions and reciprocal beneficiary relationships. A reciprocal beneficiary relationship allows two people who cannot legally marry to receive certain rights and benefits that are typically reserved for married couples. A reciprocal beneficiary relationship automatically terminates if the parties decide to enter into a marriage or a civil union. A couple in a civil union in Hawaii has access to the same state-level benefits and responsibilities as a married couple. 
• Illinois. Illinois has recognized civil unions between both same-sex and opposite-sex couples since 2011. Couples can remain in a civil union or they have the option to convert their civil union to a marriage by applying for a marriage license and having a marriage ceremony. 
• New Jersey. Civil unions have been available to same-sex couples in New Jersey since 2007. Partners in a civil union have the same state-level benefits and legal obligations as married couples. Same-sex couples who were previously in a domestic partnership and meet New Jersey’s requirements can enter into a civil union without first terminating their domestic partnership. 

Civil union benefits and protections

Protections and benefits depend on the state, but civil unions can provide inheritance rights, medical decision-making rights, and employment benefits, among other privileges. 

Spousal support

If a couple decides to dissolve their civil union, they may have the right to seek financial support or alimony from their partner. 

Inheritance rights

A member of a civil union can name their partner as a beneficiary in their will and may have the right to inherit their partner’s belongings even if their partner dies intestate (without a valid will). 

Employment benefits

An individual in a civil union may be eligible to receive health insurance, workers’ compensation, or retirement benefits from their partner’s employer in the same way that a spouse would. 

Civil union partners may also be eligible for bereavement leave, which is a period of paid time off work after their partner dies. 

Healthcare rights

One big benefit of a civil union is that it can give couples the ability to visit each other if they are hospitalized and make medical decisions for each other if one of them becomes incapacitated. 

Rights regarding children

A civil union can give one partner child custody rights or enable one partner to adopt the other partner’s child. 

Property rights

Partners in a civil union may have the same property division rights as married couples. 

Disadvantages of a civil union

While civil unions can offer many of the same state-level rights as marriages, there are a few disadvantages of civil unions to be aware of. 

Federal recognition

The primary drawback of civil unions is that they are not federally recognized, meaning that they do not offer the federal benefits of marriage, such as social security or tax benefits. 

This also presents a challenge when moving from a civil union state to a location that doesn’t recognize the partnership. In this case, you may find that your new state of residence does not recognize your partnership any differently than any other non-married couple.

Likewise, while couples can get divorced in any state where they have residency, dissolving a civil union in a state that doesn’t recognize their legal status is a much more involved process. You may need to request to have your civil union terminated in the state where you obtained it. 

Social Security benefits

The Social Security Administration considers marital status when deciding whether to administer retirement, disability, or survivor benefits. While it does recognize some civil unions, beneficiaries are determined on a case-by-case basis, and there is no guarantee that an individual in a civil union will be entitled to their partner’s Social Security benefits. Marriages are generally not subject to discretion for these benefits.

Federal pension and veteran benefits

Couples in a civil union may not be eligible to receive their partner’s federal retirement benefits, and the surviving civil union partner of a deceased veteran may not be eligible to receive Veterans Affairs (VA) benefits. 

Federal tax return

The Internal Revenue Service (IRS) considers parties in a civil union “registered domestic partners” and does not allow them to file federal taxes under a married filing separately or jointly filing status. An individual in a civil union cannot file as head of household if their registered domestic partner is their only dependent. 

Partner immigration

U.S. Citizenship and Immigration Services does not consider a civil union the same as a valid marriage for immigration purposes.

Civil union relationship comparisons

While civil unions, marriages, and domestic partnerships are all legal relationships, there are a few key differences. 

Civil union vs. marriage

The primary difference between civil unions and marriages is that partners in a civil union do not have access to the federal recognition and benefits granted to married couples. 

While marriages are recognized in every state, civil unions are not. That means that if you get a civil union in one state but move to another state, your relationship might not be recognized as a legal partnership. 

Civil union vs. domestic partnership

A domestic partnership is when two people are in a legally recognized relationship that is not a marriage or a civil union. 

Domestic partnerships and civil unions often offer similar state-level benefits—such as medical decision-making and financial rights—as a marriage. However, the benefits of domestic partnerships depend on your location and may be limited. 

Some states and counties do have a domestic partnership law, but many states don’t recognize domestic partnerships. 

Should my partner and I get a civil union?

There are a few questions you and your partner should consider to help decide whether a civil union is right for you:

1. What do we want this union to mean for us? A marriage confers more benefits and legal rights than a civil union, but you and your partner may have cultural reasons or personal beliefs that lead you to prefer a civil union.
2. What legal benefits and protections are we looking for? A marriage offers a broader range of benefits and legal protections than a civil union. While some may consider these restricted legal benefits a disadvantage, others may prefer to be less legally entangled.
3. Do we plan to move out of the state or country? Many states and countries don’t recognize civil unions. If you’re considering moving, you should thoroughly research any civil union laws that may apply to your new place of residence to ensure that your legal relationship is recognized, or plan to get married if you wish your legal partnership to continue.
4. What does our lawyer recommend based on our situation? Consulting a lawyer who specializes in family law can help you make the best decision for your unique circumstances. 
5. What are the tax implications? Partners in a civil union are not allowed to file their federal income tax returns jointly, but some couples may have tax situations where a civil union might make sense. 

FAQs

What are the reasons couples enter a civil union? 

Couples who choose civil unions may do so for a variety of reasons, including:

• They wish to avoid the institution of marriage but would like to have the same rights and protections on a state level
• They don’t want to get married for tax reasons
• They don’t like the patriarchal history or religious aspects of marriage but want legal recognition of their relationship

How do we enter into a civil union? 

To enter a civil union, you will need to follow your state’s process, which typically involves filling out an application and attending a ceremony. 

For instance, in Cook County, Illinois, the process for getting a civil union is the same as getting married at the courthouse. You apply for a civil union license from the County Clerk at least one day before the ceremony, pay any applicable administrative fees, and show up at the courthouse for the ceremony. Some locations may even offer virtual ceremonies via Zoom. After the civil union ceremony, the officiant will file the license with the Vital Records office. You can also request a civil union certificate to commemorate the event. 

What happens if a couple in a civil union moves to a state that does not recognize civil unions?

A couple in a civil union will likely lose their rights and protections if they move to a state that does not recognize civil unions. 

Are civil unions recognized internationally?

While some countries outside of the U.S. recognize the validity of civil unions, other countries do not. If you and your civil union partner are planning on traveling internationally or moving abroad, you can consult with an attorney to find out which countries recognize civil unions and what that recognition means for your travels.

What is the dissolution process for a civil union?

The dissolution process for a civil union depends on your location. 

For instance, in Illinois, anyone who wishes to end a civil union must follow the same procedures as a couple who wants to get divorced, including filling out required forms and paying filing and administrative fees. Keep in mind that ending a civil union that involves children or property disputes may be more complex and will likely require the services of a divorce lawyer.