What is a Civil Union?

A rose by any name still smells as sweet, the saying goes. People sometimes talk about “marriage” and “civil union” as if they were the same flower in different colors. They are related, but they are not the same, and the differences matter a great deal if you are trying to understand your legal standing.

Cornell Law School’s Legal Information Institute describes a civil union as a marriage-like legal relationship, created largely to give same-sex couples legal recognition, that provides protections at the state level such as inheritance rights, property rights, and parental rights.⁽¹⁾

Here is the key point to hold onto for the rest of this article: a civil union can look and feel a lot like marriage at the state level, but it is not a marriage, and it does not carry federal rights or benefits. Before same-sex marriage became legal nationwide in 2015, civil unions were one of the main ways same-sex couples could gain legal protections.⁽²⁾ Globally, same-sex marriage is now recognized in roughly 38 countries as of 2025.⁽³⁾

Civil Union, Domestic Partnership, and Marriage: Three Different Things

Part of what makes this topic confusing is that three separate legal statuses often get lumped together. They are not the same.

Marriage is recognized in all 50 states and by the federal government. It is the only one of the three that unlocks federal rights and benefits.

A civil union is recognized at the state level in the handful of states that still have civil union laws. In those states, it often grants many of the same rights as marriage, but only within that state, and never at the federal level.

A domestic partnership is also a state or local status, but the rights it carries vary widely. In some places (California, for example) a domestic partnership provides broad, near-marriage state protections. In many others it provides far less. It depends heavily on where you live.

A common misconception is that a domestic partnership always gives you more than a civil union, or the reverse. Neither is true as a general rule. What you actually get depends on your specific state’s law, so it is worth checking the rules where you live rather than assuming.

State Rights Versus Federal Rights

This is the single most important thing to understand, and it clears up most of the confusion.

Civil unions and domestic partnerships are creatures of state law. Any protections they give you exist only at the state level, and often only inside the state that granted them.

Marriage is different. The federal government recognizes marriage, which is why only married couples can access federal benefits such as Social Security spousal benefits, federal tax treatment, and immigration sponsorship. Couples in a civil union or domestic partnership do not receive these federal benefits.⁽⁵⁾

So when you read that a civil union gives “the same rights as marriage,” read it as “the same rights as marriage within that state, and not federally.” That single qualifier resolves most of the mixed messages you will find on this subject.

Where Are Civil Unions and Domestic Partnerships Recognized in the U.S.?

According to the National Conference of State Legislatures, five states have civil union laws on the books: Colorado, Hawaii, Illinois, New Jersey, and Vermont.⁽⁴⁾

One honest caveat. Whether you can still newly enter a civil union, and exactly what it grants, varies by state. New Jersey and Vermont, for example, shifted toward marriage years ago, and some legal sources now count four states rather than five. If you are considering a civil union, confirm the current rules in your specific state before you rely on anything.

Separately, a number of states allow you to register as domestic partners: California, the District of Columbia, Maine, Nevada, Oregon, Washington, and Wisconsin (Hawaii offers a similar status called reciprocal beneficiaries).⁽⁴⁾ Many cities and counties also offer their own local partnerships, even in states without a statewide option. Again, the rights attached vary widely from place to place.

Why Some Couples Choose a Civil Union

There are real reasons a couple might prefer a civil union to marriage, depending on where they live and what they want:

Some couples have personal or religious reservations about the institution of marriage and prefer a status without those associations.

Some entered a civil union before same-sex marriage was legal and have simply chosen to keep it.

Some prefer it for particular legal or financial reasons specific to their situation and state.

A civil union can also offer meaningful state-level protections, such as jointly owning property and certain inheritance rights, without the couple defining their relationship as a marriage.

What Rights Can a Civil Union Include?

This depends on your state, but where civil unions exist, they are often associated with rights such as:

Owning and inheriting property as a couple.

Visiting your partner in the hospital or in long-term care, and in many cases making medical decisions if your partner is incapacitated.

Certain parental protections, including in some cases the ability to adopt or to be recognized as a parent. Whether and how this applies depends entirely on your state, so do not assume adoption is either automatically available or automatically off the table.

Eligibility for some health and insurance benefits, depending on the state and employer.

Some claims tied to family status, such as wrongful death or loss of consortium.

Inheritance protections similar to those a surviving spouse would have under that state’s law.

In some states, the law grants civil union partners the same rights, protections, and responsibilities as married spouses, at the state level.

Civil Union Versus Marriage: The Real Differences

Couples in civil unions often say they do not feel any different from a married couple. Emotionally, that may well be true. Legally, there are clear differences:

Marriage is recognized in all 50 states. A civil union is recognized only in the states that have civil union laws. If you move to a state that does not recognize your civil union, your status may not carry over cleanly, which can create legal complications.

Marriage unlocks federal benefits (Social Security, immigration sponsorship, federal tax treatment as a couple). A civil union does not.

Ending the two can carry different labels, though the process is similar. This is covered below.

Pros and Cons of a Civil Union

Every way of building a life together has trade-offs. Here are the main ones, keeping in mind that specifics depend on your state.

Potential upsides:

Suits couples with a personal or religious reservation about marriage.

Lets couples who entered a civil union before marriage equality keep their existing status.

Can offer state-level legal protections similar to marriage, such as joint property ownership and some inheritance rights.

Depending on the state, may allow partners to file joint state taxes and access partner health insurance and employee benefits.

Usually allows hospital visitation and, in many states, medical decision-making for a partner.

Can carry some legal recognition of parentage, depending on the state.

Potential downsides:

No federal benefits. Partners are treated differently from married couples for federal purposes.

No spousal treatment under federal programs, including federal survivor benefits.

No joint federal income tax filing.

Recognition may not travel. A civil union valid in one state may not be recognized if you move, which can create legal headaches.

Some couples feel the status carries a “separate but equal” stigma.

No immigration sponsorship. Federal privileges such as sponsoring a partner for a green card or visa are not available through a civil union.

How to Enter a Civil Union

Where civil unions are available, the process usually involves the following, though the details differ by state:

Both partners generally must be at least 18 (some states allow minors with court approval).

Neither partner can already be in a marriage or civil union with someone else.

The partners cannot be related by blood in a way the state prohibits.

The couple completes the required paperwork and pays a filing fee.

They receive registration or certification from an authorized official or government office.

Some states include a waiting period or a short ceremony before a clerk, judge, or authorized official.

Ending a Civil Union or Domestic Partnership

You do not “divorce” out of a civil union, but do not let the different word fool you into thinking it is simple. If you are thinking about divorce, or thinking about ending a civil union, here is what to expect. Note that many states actually use the word “dissolution” for ending a marriage too, so the terminology overlaps more than people assume.

Ending a civil union is usually a formal legal process, not an informal split. In most states it runs through the courts.

You typically begin by filing a legal action in the appropriate court.

You will need to address dividing jointly owned property and shared debts.

If children are involved, you will face many of the same issues as in a divorce, including custody, child support, and parenting arrangements.

Matters involving children and support are handled under state law, much as they would be in a divorce.

In practice, many of the same rules that apply to divorce (procedures, grounds, and so on) also apply when ending a civil union.

In other words, ending a civil union can be just as involved as ending a marriage. If this is where you are, you do not have to figure it out alone.

A Quick Note on Common Law Marriage

You may also hear the term “common law marriage.” It is a separate thing from a civil union or domestic partnership. In a small number of states, the law treats couples as legally married without a ceremony or license when they meet specific requirements. These may include living together and presenting themselves as married. It is not available everywhere, and the rules are strict, so do not assume you are or are not in one without checking your state’s law.

Conclusion

Building a life with someone, however you choose to do it, comes with advantages and trade-offs. Whether it is a marriage, a civil union, or a common law marriage, the right choice is the one that fits the two of you. Whichever you choose, do your homework first. Look into what your state allows, the residency requirement where you live, whether children are involved, and what you both want from the partnership.

NOTES

Sharon Preston is a writer and editor. She has edited numerous lifestyle magazines and ghostwritten several books. She lives in Johannesburg, South Africa, with her two cats. You can connect with Sharon here: sharpreston1234@gmail.com

 

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*We support same-sex marriages. For the sake of simplicity in this article, however, we refer to your spouse as your “husband” or “he.”

 

Please Note

This article is educational and is not legal advice. Laws on civil unions, domestic partnerships, marriage, and how each one ends vary significantly from state to state, and they change over time. For guidance about your specific situation, please consult a family law attorney licensed in your state.

References

1. Cornell University Law School. Cornell’s Legal Information Institute is a free, widely cited legal reference maintained by a top law school, reliable for plain-language definitions.
2. Obergefell v. Hodges, 576 U.S. 644 (2015). The U.S. Supreme Court decision that made same-sex marriage legal nationwide on June 26, 2015. The official record is also on Oyez.
3. Pew Research Center, “Same-Sex Marriage Around the World,” via Our World in Data. Pew is a respected nonpartisan research organization; supports the count of countries recognizing same-sex marriage as of 2025.
4. NCSL, Civil Unions and Domestic Partnership Statutes. The National Conference of State Legislatures tracks state laws directly, making it the authoritative source for which states have civil union and domestic partnership statutes.
5. USCIS Policy Manual, Volume 6, Part B, Chapter 6 (Spouses). The federal immigration agency’s own guidance, confirming that civil unions and domestic partnerships are generally not recognized as marriages for immigration purposes.