A civil union is a legal relationship created by state law that gives two people many of the same rights and responsibilities as marriage within that state, but it carries no federal recognition. Only four states still issue new civil union licenses: Colorado, Hawaii, Illinois, and New Jersey. After the Supreme Court’s 2015 ruling in Obergefell v. Hodges made same-sex marriage legal nationwide, most states that once offered civil unions stopped issuing them or converted existing ones to marriages.1Justia. Obergefell v. Hodges, 576 U.S. 644 (2015) The status still exists, though, and the gap between what your state recognizes and what the federal government recognizes has real consequences.
Where You Can Still Enter a Civil Union
Four states continue to allow couples to enter new civil unions, and the basic eligibility rules are consistent: both partners must be at least 18, neither can be currently married or in another civil union, and the partners cannot be closely related by blood.
- Colorado, under the Colorado Civil Union Act.2Justia Law. Colorado Revised Statutes Title 14, Article 15 – Civil Union
- Hawaii, which requires a license from a state agent and voids the license if it is not used within 30 days.3Justia Law. Hawaii Revised Statutes 572B-5 – Applicants for Civil Union
- Illinois, which treats a party to a civil union as a “spouse” under Illinois law for all purposes.4Justia Law. 750 ILCS 75 – Illinois Religious Freedom Protection and Civil Union Act
- New Jersey, whose statute provides that the legal benefits, protections, and responsibilities of civil union couples are equal to those of married couples.5Justia Law. New Jersey Revised Statutes 37:1-28 – Findings Relative to Civil Unions
One detail surprises many people: civil unions are not limited to same-sex couples. Colorado, Hawaii, and Illinois all use gender-neutral language, and opposite-sex couples can enter them too.4Justia Law. 750 ILCS 75 – Illinois Religious Freedom Protection and Civil Union Act Some opposite-sex couples choose a civil union over marriage for personal or philosophical reasons, but the federal consequences described below hit them the same way.
What a Civil Union Gives You Under State Law
Within the state that issued it, a civil union gives partners a package of rights and responsibilities that closely tracks marriage. The specifics vary, but the core protections run through all four states.
Inheritance is one of the most significant. If your partner dies without a will, you have the right to inherit a share of the estate under the state’s intestacy laws, just as a surviving spouse would. Your partner can also name you as a beneficiary in a will, and in most of these states you can claim an elective share even if the will leaves you nothing.
Healthcare decision-making is another major protection. If your partner becomes incapacitated, you have legal standing to make medical decisions on their behalf and to carry out instructions in an advance directive. You also have hospital visitation rights on the same basis as a spouse. State employment protections typically extend to civil union partners, including eligibility for bereavement leave and, in states that mandate spousal coverage, access to a partner’s employer-sponsored health insurance.
The obligations run in both directions. Partners owe each other duties of financial support, and if the union dissolves, a court can divide property and, depending on the state, order the equivalent of alimony.
What Federal Law Does Not Recognize
This is where civil unions create the most problems. Federal law does not treat civil union partners as spouses for any purpose, and marital status drives eligibility for a long list of federal benefits, tax treatments, and rights. The practical consequences land hardest in a few areas.
Federal Taxes
The IRS does not recognize civil unions as marriages. Revenue Ruling 2013-17 makes this explicit: the terms “spouse,” “husband,” and “wife” under federal tax law do not include individuals in a civil union, whether same-sex or opposite-sex.6Internal Revenue Service. Rev. Rul. 2013-17 You cannot file a joint federal return with your civil union partner. Each partner files as single, or as head of household if they qualify.7Internal Revenue Service. Answers to Frequently Asked Questions for Registered Domestic Partners and Individuals in Civil Unions
The federal estate and gift tax marital deduction does not apply either. A married person can leave an unlimited amount to a surviving spouse free of federal estate tax; a civil union partner has no such protection and can face a substantial tax bill on inherited assets above the standard exemption.
Social Security
Social Security benefits are generally tied to marriage. The Social Security Administration recognizes a narrow exception: some same-sex couples in civil unions or domestic partnerships may qualify for spousal or survivor benefits if they can show that unconstitutional state laws prevented them from marrying.8Social Security Administration. Survivors Benefits for Same-Sex Partners and Spouses That exception came out of court settlements acknowledging that many same-sex couples would have married had their states allowed it.9Social Security Administration. Do I Qualify for Benefits as a Spouse if I Am Now in, or the Surviving Spouse of, a Civil Union, Domestic Partnership, or Other Non-Marital Legal Relationship? Outside that circumstance, civil union partners have no claim to spousal or survivor benefits.
Immigration
U.S. Citizenship and Immigration Services does not recognize civil unions for immigration purposes. The USCIS policy manual lists civil unions and domestic partnerships among the relationships that do not qualify as marriages when sponsoring a partner for a visa or green card.10U.S. Citizenship and Immigration Services. Policy Manual Volume 6, Part B, Chapter 6 – Spouses A U.S. citizen in a civil union with a foreign national cannot petition for their partner the way a married spouse can.
COBRA and Federal Employment Benefits
Federal COBRA law requires employers to offer continued health insurance after a qualifying event, but only to the covered employee, their spouse, or their dependent children.11Office of the Law Revision Counsel. 26 U.S. Code 4980B – Failure to Satisfy Continuation Coverage Requirements Because civil union partners are not spouses under federal law, they have no independent COBRA rights. If your partner loses a job or you separate, the employer has no federal obligation to offer you continued coverage.
Federal employee benefits follow the same logic. Health insurance, retirement plan survivor benefits, and leave under the Family and Medical Leave Act all key off marital status as defined by federal law, and civil union partners do not qualify.
The ERISA Gap in Private Insurance
Even state-level health insurance protection has a hole in it. Some states require insurers to extend spousal coverage to civil union partners, but under ERISA, self-insured employer health plans are exempt from state insurance mandates. Large employers that fund their own health claims rather than buying coverage from an insurer can decline to cover civil union partners regardless of what state law requires. A substantial share of workers at large employers are covered by self-insured plans, which makes this a real-world problem rather than a theoretical one.
Civil Union vs. Domestic Partnership
People often use these terms interchangeably, and the distinction matters. A civil union is designed as a comprehensive marriage equivalent at the state level, granting the full package of spousal rights and obligations. Domestic partnerships vary widely. Some are just as comprehensive as civil unions; others provide only a handful of protections such as hospital visitation and inheritance rights, without the broader obligations.
Eligibility differs too. Civil unions in these states are open to any two eligible adults. Some domestic partnership registries are limited to same-sex couples, to couples where at least one partner is over 62, or to couples meeting other specific criteria. Neither status carries federal recognition.
How to Enter a Civil Union
The process looks a lot like getting a marriage license. You apply through a county or municipal clerk’s office in one of the four states, present identification, and pay a license fee. Both partners typically need to appear in person, though Colorado allows a civil union license to be obtained without an in-person appearance under certain circumstances.2Justia Law. Colorado Revised Statutes Title 14, Article 15 – Civil Union After you receive the license, an authorized official such as a judge, justice of the peace, or willing member of the clergy certifies the union. In Hawaii, the license expires 30 days after issuance if not used.3Justia Law. Hawaii Revised Statutes 572B-5 – Applicants for Civil Union
How to End a Civil Union, and the Portability Trap
Ending a civil union is a formal court process that works much like divorce. One partner files a petition in family court, and the court handles property division, support, and any custody matters. The legal term in most states is “dissolution,” but the standards are essentially the same.
Portability is where this gets complicated. A marriage performed in any state is recognized in every other state, so you can divorce wherever you live. Civil unions do not have that universal recognition. If you entered a civil union in Illinois and later moved to a state that has never authorized civil unions, the courts in your new state may refuse to take jurisdiction over the dissolution. You could find yourself unable to end the relationship without returning to the state that issued it.
Some states tried to head this off. Colorado’s statute provides that anyone who enters a civil union in Colorado consents to the jurisdiction of Colorado courts for dissolution, even if neither partner still lives there.2Justia Law. Colorado Revised Statutes Title 14, Article 15 – Civil Union Not every state has a comparable provision, and traveling back to the issuing state for court hearings can be a real burden. There is also a less obvious risk: because the civil union remains valid in states that recognize it, entering a new marriage or civil union before dissolving the old one could be treated as bigamy.
If you are already in a civil union and considering marriage, check whether your state requires you to dissolve the civil union first or converts it automatically on marriage. Failing to resolve your civil union status before marrying someone else can create legal problems that are expensive and slow to untangle.