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What Is a Civil Union?

Mona Hosseiny-Tovar | August 23, 2024

Civil unions are legally recognized partnerships between two individuals that provide many of the same legal obligations, protections, and benefits as marriage under state law, although a civil union, by definition, is not a marriage. The recognition and terms of civil unions can vary significantly by state; while some states have civil union laws with protections nearly identical to marriage, others have more limited benefits or do not offer civil unions at all. When couples decide to have their relationship recognized legally, the vast majority opt for marriage, but some have chosen a civil union for their relationship instead.

While civil unions were once an option in many states (not including Texas), Civil unions in most states were phased out after the U.S. Supreme Court’s 2015 decision legalizing same-sex marriage nationwide. Some states that had civil unions automatically converted them to marriages. Today, only five states, including New Jersey, Illinois, Hawaii, and Colorado still give couples the option to enter into a civil union.

Benefits of Civil Unions

Couples may have chosen to pursue a civil union for a variety of reasons. For some, a civil union aligns better with their personal beliefs or financial situations than a marriage. Those who choose a civil union may enjoy several benefits under the laws of their state, including:

• Health-Care Rights: Individuals in a civil union can cover their partner on their health insurance plan.
• Inheritance Rights: A civil union allows a partner to inherit the other’s property if they die without a will.
• Hospital Visitation Rights: Civil unions ensure that partners can visit each other in the hospital and make critical medical decisions for each other if necessary.

How Civil Unions Differ From Other Legally Recognized Spousal Relationships

Civil Union vs. Marriage

Part of how we define “civil union” is by comparing it to marriage. While both civil unions and marriages can legally recognize a relationship and provide benefits to both partners, there are several notable differences between:

• Legal Recognition: Not all states recognize a civil union, meaning that if a couple moves, their civil union may not be recognized in the new state. Marriage is recognized nationwide.
• Federal Benefits: Unlike marriage, civil unions do not provide federal benefits like the ability to file joint federal tax returns.
• Social Perception: The term “marriage” often carries a traditional and cultural significance that civil unions do not, which can be important to some couples.
• Divorce vs. Dissolution: While the processes involved are essentially the same, ending a civil union is known as a dissolution, not a divorce. Couples looking to dissolve their marriage may seek the council of a divorce lawyer who has experience in navigating the intricacies of LGBT divorce in order to ensure that all legal rights and requirements are properly addressed.

Civil Union vs. Common Law Marriage

Civil unions and common law marriages provide alternative paths to traditional marriage, each with its own unique legal implications. For instance, civil unions are not legally recognized in Texas, but common law marriages are. Understanding what a common law marriage entails can help couples make informed decisions about the future of their relationship and legal status.

Common law marriage in Texas, sometimes called informal marriage, is a legally recognized union that does not require a ceremony or marriage license. However, it does require specific criteria to be followed before they are official. The common law marriage requirements couples must follow in Texas include:

• The couple must show clear agreement and must agree to be married.
• The couple must live together as a married couple.
• The couple must present themselves to others as a married couple, or hold out or represent in public, to family and friends, etc. as married.

When it comes to a Texas common law marriage, how many years the couple has been together doesn’t matter. There is no minimum time a couple must be together before they can declare a common law marriage. So, after these three requirements are met all at the same time, a common law marriage is legal and considered in the same legal standing as a formal marriage, whereas a civil union is not. This legal standing means those in a common law marriage are entitled to all of the same benefits as a traditional marriage, including state-level benefits, Social Security survivor benefits, and the ability to file joint federal tax returns. However, it also means that for those who choose common law marriage, divorce is necessary to dissolve the union. 

Civil Union vs. Domestic Partnership

Civil unions and domestic partnerships were both designed to offer legal recognition and protections for couples, primarily those in same-sex relationships, before the legalization of same-sex marriage. But civil unions are generally considered more similar to marriage than domestic partnerships due to the legal protections they can offer. Domestic partnerships do not automatically convey any protections upon those entering into them; they are legal agreements, the terms of which can vary by state and by couple. Domestic partnerships can include stipulations regarding things like health insurance or property rights. Texas does not recognize domestic partnerships on the state level, but some municipalities do, including Austin, Dallas, Fort Worth, San Antonio, and Travis County.