What Are the Differences Between Marriage and Civil Unions?

 Posted on August 15, 2024 in Family Law

Only five states allow civil unions: Colorado, Hawaii, Illinois, Vermont, and New Jersey. Because civil unions are relatively rare, few people understand what they are and why someone would choose one over a more traditional marriage. While both marriage and a civil union provide legal protections and can signify commitment between two adults, there are some important distinctions between the two.

Read about the differences below, then speak to an experienced family law attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC. (MKFM Law), to delve further into the issue. Whether you decide to enter into a traditional marriage or a civil union with your partner, having a knowledgeable St. Charles, IL family law attorney helping you with such an important decision is essential.

What is a Civil Union?

Civil unions have been allowed in the state of Illinois since 2011. Initially, civil unions provided an option for same-sex couples who wanted their relationship to be protected under state law. After the 2015 Supreme Court ruling of Obergefell v. Hodges, which made same-sex marriage legal across the United States, civil unions are still implemented for various reasons. Those entering into a civil union must be at least 18 years of age and can be the same sex or opposite sex.

A marriage cannot be converted to a civil union simply to make a divorce simpler — or for any other reason. A civil union, on the other hand, can potentially be converted into a marriage. Civil unions can result in different parental visitation rights after a divorce than a marriage, and for federal income tax purposes, a civil union is not a marriage. The application for a civil union can be started online, but the license must be picked up together, in person, at the Clerk’s office. Once the license is issued, the civil union must take place within 60 days.

Why Might a Civil Union Be Beneficial?

Sometimes, a couple may not want to marry but still want certain protections afforded under a civil union. The couple may do this because they do not want to be recognized federally as married, usually for tax purposes.

Access to employment healthcare benefits is one of the primary reasons a couple might want to enter into a civil union because a partner’s employee health insurance is available to the other person in the civil union in Illinois. The right to automatically inherit from your partner is another significant benefit. Other potential benefits of an Illinois civil union include:

• The right to seek financial support or alimony following the dissolution of a civil union
• Joint parental rights over children born to or adopted by the couple
• The right to refuse to testify against a civil union partner
• Joint state tax filings
• Joint ownership of property
• Automatic designation as next-of-kin by medical professionals

How is a Marriage More Beneficial Than a Civil Union?

While a civil union affords a couple similar rights and privileges as a marriage as far as the state is concerned, there are some federal benefits to entering into a marriage over a civil union, including:

• For immigration purposes, married or engaged individuals may file visa petitions for a non-citizen spouse.
• The Social Security Administration may or may not recognize a civil union when determining benefits, but it does recognize all marriages.
• A married couple can file their taxes jointly.
• Veteran benefits are available for the surviving spouse of a veteran, which may include home loan programs, educational assistance, and health coverage.

Contact a Kane County, IL Family Law Attorney for Knowledgeable Assistance

The St. Charles family law attorneys at Mirabella, Kincaid, Frederick & Mirabella, LLC (MKFM Law) have extensive experience helping people navigate through a variety of family law issues and decades of experience in family law. We are known throughout Kane County for our integrity and dedication to our clients. When you consult with a family law attorney from our office, we will present all your options and answer all your questions thoroughly. The Illinois family law attorneys from MKFM Law provide skilled representation and compassionate advocacy. Call 630-665-7300 today to schedule an initial attorney meeting. We serve family law clients at both our Kane County and our DuPage County offices.