Civil unions used to offer same-sex couples a way to get some of the benefits of marriage before it was legal for them to get married. Since the 2015 Obergefell v. Hodges Supreme Court ruling, same-sex marriage is legal, so many states have gotten rid of civil unions. Some of the states automatically converted civil unions into marriages following the 2015 ruling. Colorado, Illinois, New Jersey, Hawaii are some of the only states that are still offering civil unions.
What Is the Difference Between a Marriage and a Civil Union?
In terms of the legal benefits of marriages and civil unions, there are three main differences:
- Portable – Not all states have civil unions, so if the couple goes out of state, their civil union might not be recognized.
- Terminology – The term marriage has a specific meaning culturally, which is why the Obergefell v. Hodges ruling is so important. The term civil union does not have the same weight as the term marriage.
- Federal benefits – Federal law does not recognize civil unions, so they will not receive tax benefits or other federal benefits. Marriages are recognized federally, so there are many federal benefits, regardless of if the couple is heterosexual or same-sex.
Civil Union Rights
Civil unions will provide protections and benefits to the couple in states where they are recognized:
- Employment – Employment benefits like insurance and bereavement leave will apply to your partner in a civil union
- Estate planning – A partner in a civil union will inherit the assets of their spouse without paying taxes when they die
- Parental rights – Both partners will have parental rights in a civil union
- Healthcare – If your spouse is unable to make medical decisions, you may be able to make them for them. If they are sick, you will receive the same visitation privileges as in a marriage
- Separation – If the civil union is dissolved, you may receive alimony
- Property – You can own property together, and will if your spouse passes away, you will have the right of survivorship
- Taxes – You can file a joint state tax return, but your civil union will not be recognized for federal tax purposes
- Spousal privilege – You cannot be forced to testify against your civil union partner in court
Civil union partners will only be entitled to these marriage benefits within their state. They may not receive the same protections in another state.
Federal Rights of Marriage
Marriage has the same benefits listed above as well as these additional federal rights:
- Tax – You may file joint federal tax returns
- Immigration – The spouse or fiancé who is a citizen may file a visa petition for their non-citizen spouse or fiancé.
- Veterans – If a veteran spouse is deceased, their surviving spouse may file for benefits like home loan programs, health coverage, and educational assistance
- Social security – SSA recognizes all marriages when determining benefit eligibility. It may recognize civil unions depending on the circumstances.
Before deciding if a marriage or a civil union is right for you, discuss the benefits that each offers with your future spouse. No matter what you choose, consider a prenuptial agreement.