\Although the Supreme Court’s 2015 ruling legalized same-sex marriage nationwide, many couples still have partnerships classified as civil unions. If you and your partner are in a civil union, you may be wondering how it differs from marriage and whether it’s time to take the next step.
At the Law Offices of Robert M. Kaplan, we help couples in Schaumburg and Cook County understand their legal rights and make informed decisions about their partnerships.
Here are the key differences between a civil union and a marriage:
Federal Benefits and Protections
One of the most significant differences is that civil unions do not grant the same federal protections afforded to married couples. Under federal law, married couples have access to important benefits, including:
- Social Security survivor and spousal benefits
- Federal spousal employment benefits
- The ability to file tax returns jointly
- Federal estate tax exemptions
These protections are not available to couples in civil unions, regardless of whether they are same-sex or opposite-sex couples.
Recognition Across State Lines and Internationally
Another critical difference lies in how civil unions are recognized. While a legal marriage is recognized in all 50 states and internationally, civil unions may not be. If you move or travel to another state or country, your civil union might not be acknowledged.
This lack of recognition can have major implications for couples, especially when it comes to immigration status. For example, married couples can sponsor a spouse for a green card under U.S. immigration law, but partners in a civil union may not have the same rights.
To protect yourselves, it’s wise to work with a civil union attorney to establish health care directives, powers of attorney, and other legal safeguards that remain valid across state lines.
Healthcare and Medical Decision-Making
Marriage grants spouses the automatic right to make medical decisions for each other in emergencies. Civil unions, however, do not always provide this benefit. Without the proper legal documents, like a healthcare power of attorney, partners in a civil union may not have the authority to act on each other’s behalf.
Adoption and Parental Rights
Married couples typically enjoy more streamlined legal processes when adopting a child or establishing parental rights. In a civil union, these rights may not be automatic, and additional legal steps are often necessary to ensure both partners are recognized as legal parents.
Name Change Rights
In a marriage, changing your last name to match your spouse’s is straightforward and widely recognized by state and federal agencies. In a civil union, the process can be more complicated, often requiring additional paperwork and legal steps to update identification documents like passports, driver’s licenses, and Social Security records.
Social and Cultural Perception
The terms “marriage” and “civil union” carry different social and cultural weight. Marriage is widely recognized and celebrated, while civil unions may be viewed as a lesser alternative. This distinction can impact couples personally, socially, and even legally.
Is It Time to Protect Your Rights?
If you’re in a civil union, it’s important to understand that Illinois law does not provide the same benefits and protections as marriage. Whether you’re concerned about healthcare decisions, federal benefits, or recognition across state and international borders, our team can help you take steps to protect your rights and your future.
Call the Law Offices of Robert M. Kaplan Today
Don’t leave your partnership unprotected. If you’re considering transitioning from a civil union to marriage or need legal safeguards in place, contact our law office in Schaumburg, Cook County. We’re here to answer your questions, explain your options, and help you and your partner secure the rights you deserve. Call us today or connect with us online to schedule a consultation.