Even though all couples can legally marry, a civil union can still be the right legal arrangement for some couples. Illinois law provides civil union partners with many rights and responsibilities similar to those of married spouses. However, important differences remain, especially when federal law is involved.
At the Law Offices of Robert M. Kaplan, P.C., we assist clients with both entering into and ending civil unions. Because civil union matters involve different legal considerations than marriage and divorce, working with a lawyer familiar with Illinois civil union law can help you understand your options.
Rights for Civil Unions in Illinois
Illinois generally gives civil union partners many of the same state-law rights and responsibilities as married spouses. These may include rights involving property ownership, inheritance, medical decision-making, insurance, and certain employment or pension benefits.
However, the legal picture is not identical at the federal level. This distinction matters when evaluating the financial and practical consequences of choosing a civil union.
The Federal vs. State Tax and Benefit Gap
Illinois recognizes civil unions under state law, but a civil union is not automatically treated as a marriage under federal law. This difference can affect federal tax filing status and certain federal benefits.
For example, the IRS generally does not treat civil union partners as married spouses for federal income tax purposes. Civil union partners may therefore face different federal filing requirements than married couples. Some federal benefits, tax treatment, retirement rules, and other programs can also depend on whether a relationship qualifies as a marriage under federal law.
Illinois tax treatment can also involve specific rules. The Illinois Department of Revenue states that individuals in a civil union that is not recognized as a marriage for federal income tax purposes must use the same filing status on their Illinois return as on their federal return.
The difference between state and federal law can be especially important when reviewing retirement accounts, survivor benefits, insurance, estate planning, and tax obligations. Because these issues can involve both legal and tax consequences, couples should consider consulting an Illinois lawyer and an appropriate tax professional before making decisions based on assumed benefits.
Why Would Someone Choose a Civil Union Today?
A civil union can still make sense for some couples. Some partners may prefer the legal status of a civil union for personal, cultural, religious, or individual reasons. Others may already have an existing civil union and prefer to maintain it rather than change their legal status.
Civil unions can also provide important Illinois state-law protections without requiring a couple to marry. However, couples should understand the differences in state and federal recognition before choosing this arrangement.
Converting a Civil Union to a Marriage
Illinois law allows couples in a civil union to convert their relationship to a marriage. The process and requirements can depend on the circumstances and the applicable law at the time of conversion.
In general, couples seeking to convert a civil union should:
- Confirm that their civil union is legally recognized and obtain the necessary records.
- Contact the appropriate county clerk or other government office to determine the current conversion requirements.
- Complete the required paperwork and pay any applicable fees.
- Obtain documentation reflecting the marriage after the conversion is completed.
A conversion may also affect legal documents, tax records, insurance policies, beneficiary designations, estate plans, and other accounts. The IRS has recognized that Illinois law permits civil union couples to convert their union to a marriage, with specific legal consequences depending on when and how the conversion occurs.
Because the process can involve more than simply changing a relationship status, a civil union lawyer can help you understand the legal implications and identify documents that may need to be updated.
Ending a Civil Union in Illinois
Ending a civil union is generally handled through a court process similar to divorce. Couples may need to address property and debt division, financial issues, and matters involving children.
The Illinois Department of Public Health recognizes dissolution of civil unions as a separate legal record and directs individuals to the appropriate circuit court clerk for certified records.
Disagreements can make the process more complicated. An experienced lawyer in Schaumburg can help you understand your rights, prepare the necessary documents, and work toward a resolution that addresses your individual circumstances.
Speak with a Civil Union Lawyer in Schaumburg
Civil unions involve important legal considerations at both the state and federal levels. At the Law Offices of Robert M. Kaplan, P.C., we help clients in Schaumburg, Cook County, and surrounding communities understand their rights and options involving civil unions.
Contact us to schedule a consultation.