Marriage vs Civil Union
Civil Union
A civil union was created to give same-sex couples some of the rights of marriage before they were legally allowed to marry in all 50 states. Now that same-sex marriage is legal in all states, only a few states have civil unions. Many of the same-sex civil unions were automatically converted to marriages once the bill passed.
Some couples, heterosexual and same-sex are still in civil unions or choose a civil union instead of marriage.
What Is the Difference Between a Civil Union and a Marriage?
A marriage provides more benefits to a couple than a civil union. It provides federal benefits because federal law does not recognize civil unions, only marriages. This includes things like tax benefits and immigration status benefits. A marriage is also recognized in all states, whereas a civil union may not be recognized outside of the state where you obtained it. Some states have completely abolished civil unions now that same-sex marriage is legal, and others only recognize civil unions from their own states. This means spouses in a civil union may face difficulties if they move.
Additionally, the term marriage has cultural significance and is respected in all countries and cultures. Some people may not know what a civil union is or give it the respect that they would give marriage. The term civil union may lead to assumptions about your sexual orientation and lead to discrimination.
The Advantages of a Civil Union
Civil unions do provide a number of advantages, but they can vary between states, so ensure you research if your state allows civil unions and what protections and benefits they provide to civil unions.
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- Employment – Spouses in civil unions may be covered by the employment benefits of their spouse in the same way that a married couple would. They can use bereavement leave for their spouse and spouse’s family and be covered by insurance.
- Estate planning – Similar to a married couple, a civil union spouse will not be taxed when they inherit their spouse’s assets after death.
- Property – In a civil union, you can own property together as joint owners, giving you the right of survivorship.
- Spousal privilege – You cannot be compelled to testify against your spouse.
- Healthcare – You will have unlimited visitation privileges with your civil union spouse and be able to make medical decisions on their behalf.
- Taxes – You can file joint state tax returns.
- Separation – Upon separation, you can seek alimony from your civil union spouse.
- Parental rights – You can have joint parental rights for your children.
- Employment – Spouses in civil unions may be covered by the employment benefits of their spouse in the same way that a married couple would. They can use bereavement leave for their spouse and spouse’s family and be covered by insurance.
Please note that civil unions will only have these protections and benefits in the state where they filed for a civil union. They will not have federal rights to any of the above and may not have these rights if they move. Marriages have all of the above rights plus the below.
The Advantages of Marriage
Marriage rights will be recognized in all states and provide additional federal benefits, like:
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- Taxes – Joint federal tax returns
- Immigration – The ability to file a petition for a visa for your non-citizen fiancé or spouse.
- Veterans – Eligibility for health coverage, home loan programs, and other veterans benefits after your veteran spouse dies.
- Social Security – The SSA recognizes all marriages when applying for benefits but only sometimes recognizes civil unions. If you are in a marriage or a civil union, you should still apply as they may accept your civil union when determining eligibility.
- Taxes – Joint federal tax returns