What Is the Difference Between Civil Union and Marriage?

Civil unions are recognized in a few states and often provide the same rights as marriage. Learn more about civil unions and how they differ from marriage.

What you will discover:

What exactly is a civil union?
What are the benefits of civil unions?
Marriages give what federal benefits?

There are many decisions that couples must make while planning their wedding—steak vs. chicken; roses vs. hydrangeas; prenup vs. postnup—but only a handful will choose between a civil union and a marriage. While each legal status is worthy of a celebratory celebration and expensive dress, there are a few significant nuances to be aware of.

What exactly is a civil union?

A civil union is a marriage-like legal status in the United States that is presently only granted to new couples in a few states: Colorado, Hawaii, Illinois, and New Jersey. A civil union differs from marriage in that it is only recognized at the state level. It was originally intended to give many of the same rights that marriage provides to both same-sex and heterosexual couples. When same-sex marriage became legal in the United States in 2015, some existing civil unions were changed to weddings, but many couples continue to choose and stay in civil unions today.

What are the benefits of civil unions?

Civil unions frequently have the same legal protections as marriages in jurisdictions where they are still granted or recognized. These are typically:

Estate planning: If your spouse dies, you may inherit all of their assets tax-free.
job: You may be eligible for your spouse’s job benefits, such as health insurance, and you may be entitled to bereavement leave if your spouse dies.
Healthcare: If your spouse is ill, you may be able to make medical choices on their behalf and have unrestricted visiting rights.
Parental rights: You and your spouse may have shared custody of your children.
Property: As joint owners, you may co-own property and enjoy the right of survivorship if one spouse dies.
If your civil partnership is dissolved, you may demand alimony.
Spousal privilege: You cannot be compelled to testify in court against your spouse.
State taxes may be filed jointly. (Though federal taxes still have to be filed separately.)

While these rights apply to both marriage and civil unions, the main distinction is that civil union partners are only given certain protections inside the state. A civil union does not entitle a couple to federal advantages that may only be obtained via marriage.

Marriages give what federal benefits?

In addition to the above, marriage confers several particular rights and protections on spouses at the federal level. These are some examples:

Because of the distinctions mentioned above, it is important to assess which choice is best for your new family. Though it is not the most romantic item on the wedding preparation list, a prenuptial agreement is the only way to protect yourself and your assets before entering into a marriage or civil union. A lawyer can answer any questions you have regarding the procedure.

Immigration: Married or engaged persons may submit visa applications for a non-citizen spouse or fiancé(e).
Social Security: While the Social Security Administration (SSA) cannot promise that all civil unions will be recognized when establishing eligibility for benefits, it does recognize all marriages. Having said that, the SSA encourages anybody to apply for benefits, regardless of whether they are married or in a civil union.
You may file your federal taxes jointly.
Veterans and their surviving spouses may be eligible for health insurance, educational help, and home loan programs, among other things.