Civil Union or Marriage in Illinois? What You Need to Know in 2026
When Illinois first introduced civil unions in 2011, they were a groundbreaking step toward legal equality. However, since the 2015 Supreme Court ruling legalized same-sex marriage nationwide, the legal landscape has shifted.
In 2026, many couples in Schaumburg and across Cook County still hold Civil Union certificates, often under the mistaken impression that their status "automatically" upgraded to a marriage. It did not. As we move further into the decade, remaining in a civil union rather than a marriage carries increasing financial and legal risks. Here is what you need to know to protect your partnership today.
1. The "Federal Gap" is Growing
While Illinois grants civil union partners almost all the same state-level rights as married spouses, the federal government does not. In an era of shifting federal policies, this gap matters more than ever.
- Social Security: If you are in a civil union, you are generally ineligible for federal spousal or survivor benefits.
- Taxes: You cannot file joint federal income tax returns, which often results in a higher tax burden.
- Immigration: A civil union is typically not sufficient to sponsor a non-citizen partner for a green card or visa.
2. The Risk of Crossing State Lines
A legal marriage is recognized in all 50 states and internationally. A civil union is a "creature of state law." If you move to a state that does not have a civil union framework, or if you travel abroad, your partner may not be recognized as your "next of kin" in a medical emergency.
3. New for 2026: Self-Solemnization in Illinois
As of January 1, 2026, the Illinois Marriage and Dissolution of Marriage Act has been updated. Couples now have the option to self-solemnize their marriage. This means you and your partner can sign your own marriage certificate without needing a judge or religious officiant to preside over a ceremony. This makes the transition from a civil union to a marriage faster and more private than ever before.
4. Why the "CFO Perspective" Matters
At the Law Offices of Robert M. Kaplan, we look at your partnership through both a legal and a financial lens. With Robert’s background as a former CFO, we understand that a civil union isn't just a "label"—it’s a financial structure.
- Retirement Accounts: Many employer-sponsored 401(k) plans are governed by federal ERISA law, which may not recognize a civil union partner as an automatic beneficiary.
- Estate Taxes: Married couples enjoy unlimited federal estate tax exemptions; civil union partners do not.
How to Convert Your Civil Union in Cook County
If you are ready to secure the full protections of marriage, the process is straightforward:
- Apply for a License: Visit the Cook County Clerk’s office (the Rolling Meadows location is convenient for Schaumburg residents).
- Fee Waiver: In many cases, the standard marriage license fee is waived for couples converting an existing Illinois civil union.
- Solemnize: Use the new 2026 self-solemnization option or have a traditional ceremony.
- Register: Return the signed certificate to the Clerk to officially merge your civil union into a marriage by operation of law.
Secure Your Future Today
Don't leave your rights to chance. Whether you want to convert your union or simply need to update your Power of Attorney and Estate Plan to reflect your current status, we can help.
Contact the Law Offices of Robert M. Kaplan, P.C. in Schaumburg today for a consultation. Let’s ensure your legal protections match your life’s commitment.