Civil Union

A civil union is a legally recognized partnership between two people, created under state law. It’s a legal arrangement that gives couples many of the same rights and responsibilities as marriage within that state, but it may not be recognized outside the state where it was granted. The first state to grant civil unions for same-sex marriage was Vermont in 2000.

How a civil union works

Entering a civil union typically follows the same procedural steps as obtaining a marriage license. Partners apply through a state or local government office, pay applicable fees, and receive a certificate upon completion.

Once registered, civil union partners generally acquire state-level rights comparable to those of married spouses, which may include:

• The right to make medical decisions for an incapacitated partner
• Inheritance rights under state intestacy laws
• Access to family court for dissolution proceedings
• Eligibility for certain state employee benefits

Ending a civil union follows a process similar to divorce. Partners must file for dissolution in family court, where the court may address property division and support obligations.

Why a civil union matters

Without this status, partners have no automatic legal standing to make decisions for each other in a medical emergency, inherit property without a will, or access a partner's state-administered benefits.

Civil union status also affects estate planning. A civil union partner may receive treatment similar to a spouse under state law for inheritance purposes, but this doesn't extend to federal benefits, including Social Security survivor benefits, federal tax filing status, or federal employee benefits. This distinction has significant financial implications.

Civil union vs. marriage

Marriage is recognized at both the state and federal levels, granting access to a broad range of federal benefits. A civil union is recognized only in states that have enacted civil union statutes.

This gap matters most where federal law governs. Tax filing status, immigration benefits, federal employee benefits, and Social Security survivor benefits all connect to marriage, not civil union status.

Related terms

Civil union partners often need additional legal documents to fill gaps in recognition, especially at the federal level or across state lines. These related terms are particularly relevant.

• Healthcare power of attorney: A document that designates someone to make medical decisions on a person's behalf if they become incapacitated. Civil union partners who are uncertain about their state's recognition of their status should have this document in place.
• Last will and testament: A document that establishes how assets are distributed after death. Civil union partners who cannot rely on cross-state or federal inheritance protections benefit from a clear, legally valid will.
• Living trust: Transfers assets to a partner outside of probate, providing additional protection where civil union status may not be recognized.

FAQs about a civil union

Can opposite-sex couples enter a civil union?

Yes. In states that still offer civil unions, the status is generally available to both same-sex and opposite-sex couples, though eligibility rules vary by state.

How is a civil union different from a domestic partnership?

A domestic partnership typically provides a narrower set of benefits, often limited to specific employer or municipal programs, while a civil union more comprehensively mirrors state marriage rights, including access to family court for dissolution. The practical difference varies significantly by jurisdiction.

Does a civil union remain valid if a couple moves to a different state?

Not automatically. States without civil union statutes are not required to recognize the status. Couples who relocate should verify their new state's rules and consider whether additional legal documents are needed to fill any gaps.

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.