The Difference Between Marriage and Civil Unions

There are some important differences between marriage and civil unions. Many people get married because they are in love and want to make a lifetime commitment to each other. People enter domestic partnerships for the same reasons. However, marriages bring certain legal benefits that domestic partnerships don’t enjoy in all states.

Legal marriage and civil union requirements depend on state law. If you have questions about marriage and civil partnerships, talk to a local family law lawyer for legal advice.

The Legal Benefits of Marriage

Married couples enjoy financial and personal benefits as a result of their legal union. These benefits include:

• Tax benefits: Married couples may file joint tax returns with the IRS and the state. Often, this provides federal tax benefits to the married partners. Most married couples also get state tax benefits.
• Estate planning and inheritance rights: Surviving spouses are generally exempt from estate taxes for their deceased spouse’s assets.
• Bereavement leave and healthcare benefits: Married spouses who work for qualifying employers get sick leave. Under the Family Medical Leave Act, workers get time to care for a sick spouse. Spouses also have the right to make certain medical decisions for a sick spouse. You get visitation privileges while your spouse is in the hospital.
• Citizenship: Non-U.S. citizens who marry United States citizens are eligible for U.S. citizenship through marriage.
• Divorce: While this seems an unlikely benefit to marriage, married couples enjoy the certainty of a legal system that can dissolve their marriage and distribute their assets. Marriage protections can include property rights, spousal support, and alimony.
• Health insurance: Employees who get health insurance through their employer can usually include a spouse and children. Cohabitating couples generally can’t get insurance benefits without marriage or a civil union.
• Social Security benefits: Under federal law, spouses can get Social Security benefits if their working spouse qualifies.

Benefits of Civil Unions

The domestic partnership process is similar to marriage. You must file a form with your state or county clerk and pay a fee. To separate, you have to dissolve the civil partnership, like a divorce.

Civil unions use state laws to extend some benefits to people who aren’t legally married. Depending on the jurisdiction, civil union partners have some health care benefits and legal protections that are similar to spousal privileges. But federal law doesn’t extend civil unions to other states. Civil partners may not get the preferred tax filing status of married couples.

Same-Sex Marriage and Civil Unions

When same-sex marriage was illegal, many states used civil unions and domestic partnerships as a way for same-sex couples to get many of the benefits of marriage. However, since 2015, the Supreme Court ruled same-sex marriage is legal in all states. Since Obergefell v. Hodges, fewer couples have sought civil unions and domestic partnerships.

Limited Civil Unions and Domestic Partnerships

Many states no longer issue civil unions or domestic partnerships. However, some states still provide civil unions, which grant some legal protections while opting out of legal marriage. States that continue to have domestic partner laws include:

• Colorado
• Hawaii
• Illinois
• New Jersey

Marriage and domestic partnership laws at the state level are always changing. For the most recent family law requirements, talk to a local family law lawyer.

How Is Marriage Different From Common Law Marriage?

Some states still recognize common-law marriage. Generally, unmarried couples who cohabitate and present themselves publicly as married can be considered legally married after a number of years, though the finer points differ depending on the jurisdiction.

Only a few states still recognize common-law marriage as a legal status. To get the state and federal benefits of marriage, you should get a marriage license.

Legal Rights for Married Couples and Civil Unions

Many couples choose to cohabitate instead of getting married. While cohabitating couples may enjoy the benefits of living together, they generally don’t have many legal rights. If your partner gets sick, you may not be able to visit them in the hospital. Unmarried couples may also lose out on other healthcare benefits like insurance and sick leave.

If the couple splits up, there will be no legal protections for either partner. Unmarried couples may also find it more difficult to adopt a child just because they aren’t legally married. If you have questions about marriage laws and civil unions, talk to a family lawyer about your legal options.