Civil Union

What is a civil union?

Civil unions (also known as civil partnerships or domestic partnerships) were first introduced as a way to give legal protections to same-sex couples who couldn’t marry at the time. The first state to grant civil unions for same-sex marriage was Vermont in 2000. Today, only Colorado, Hawaii, Illinois, and New Jersey still grant civil unions, because all states now offer full marriage rights to same-sex couples under federal law.

What about civil unions vs. marriage? All couples in the U.S. have full marriage rights. Civil unions offer some of the same benefits, like inheritance rights, hospital visitation, and the ability to make medical decisions for your partner, but they are only recognized under state law. Civil unions don’t come with federal tax breaks, Social Security benefits, or immigration rights, which are available with marriage. Still, some couples choose a civil union instead of marriage for personal, legal, or financial reasons.

If you’re in a civil union and decide to separate, you’ll need to go through a legal process to end it—similar to getting a divorce. This usually involves filing paperwork with the court, dividing property, and possibly handling issues like child custody or support. The exact steps depend on the state, but in most cases, ending a civil union follows the same divorce process as ending a marriage.

FAQs

Do civil unions exist in every state?

No, civil unions or civil partnerships are only available in a few states. Most states have stopped offering them since same-sex marriage is now legal under federal law. Some states still recognize existing civil unions but no longer allow new ones.

Is a civil union the same as common law marriage?

No, these are two different things. A civil union is a legal arrangement that you apply for through the state, while a common law marriage happens when a couple lives together for a certain time and presents themselves as married. Only a few states recognize common law marriages.

Is a civil union the same as cohabitation?

No, cohabitation means living together without any legal recognition. A civil union creates a legal relationship with specific rights and responsibilities. Just living together typically doesn’t give you the same benefits as a civil union.

Does the federal government recognize civil unions?

No, the federal government does not recognize civil unions or civil partnerships. That means couples in a civil union don’t receive the same benefits as married couples, like joint tax filing or Social Security spousal benefits. These legal protections are only available to couples who are legally married.