What Is the Difference Between a Marriage and a Civil Union in Illinois?

 Posted on February 20, 2025 in Family Law

In 2015, the Supreme Court of the United States ruled that same-sex couples all over the nation had the legal right to marry. Illinois was ahead of the curve, passing the Religious Freedom Protection and Civil Union Act in 2011, allowing couples of any sex to enter into a civil union.

Although civil unions were originally created as an option for same-sex couples, they remain available to any couple who prefers them over marriage in Illinois. However, while civil unions provide many of the same rights as marriage at the state level, there are differences between the two, particularly when it comes to federal recognition and benefits. If you are considering a civil union, it is important to understand how these differences could affect you and our Illinois family lawyers are here to help.

Why Get a Civil Union Instead of a Marriage?

If couples in Illinois have the same legal rights in a civil union as they do in a marriage, why not just get married? The biggest difference is that civil unions are not recognized by the federal government. While this might not matter to some couples, it can have major financial and legal implications.

For example, couples in civil unions do not have access to federal tax benefits, such as the ability to file jointly or receive spousal deductions. This could be a financial advantage or disadvantage, depending on a couple’s income level. Additionally, civil unions do not grant access to federal programs like Social Security survivor benefits or spousal military benefits. This means that if one partner in a civil union passes away, the surviving partner will not receive the same Social Security benefits that a widow or widower in a legally recognized marriage would.

Immigration is another major issue. U.S. citizens can petition for a foreign spouse to receive permanent residency, but civil union partners are not eligible for this benefit. This can be a significant barrier for couples in which one partner is not a U.S. citizen.

Civil Unions and Marriage in Other States

Illinois recognizes both marriages and civil unions, but other states handle them differently. Some states never allowed civil unions, while many others phased them out after same-sex marriage was legalized. If you are in a civil union and move to another state, there is no guarantee that your union will be recognized. States such as Texas and Georgia do not recognize civil unions at all, meaning your legal relationship in Illinois could be void elsewhere.

On the other hand, states like Colorado still allow couples to enter into civil unions, and New Jersey recognizes domestic partnerships alongside marriages. If you travel or relocate frequently, understanding how different states view civil unions is important.

Are There Religious or Cultural Reasons to Choose a Civil Union?

For some couples, choosing a civil union over marriage is influenced by religious or cultural beliefs. Certain faiths do not recognize same-sex marriage but may be more accepting of civil unions, allowing couples to have a legal partnership without conflicting with their religious beliefs.

Additionally, some couples prefer a civil union because they want the legal benefits of a committed relationship without the historical or cultural associations of marriage. Understanding how different communities view civil unions versus marriage can be an important factor in making the right decision for your family.

How Civil Unions End vs. How Divorces End

Ending a civil union in Illinois follows a similar process to divorce. Couples must file for dissolution, divide assets, and make arrangements for parenting time if children are involved. Illinois law governs the dissolution of civil unions and ensures that they are treated similarly to marriage when it comes to the division of property and parental rights.

However, problems can come up if you move to a state that does not recognize civil unions. If that state does not allow you to dissolve your civil union, you may have to return to Illinois to complete the process. This can create complications, particularly if one partner refuses to cooperate or if there are disputes over property and finances.

Common Misconceptions About Civil Unions

There are several misunderstandings about civil unions that can lead to confusion when making this decision.

• Civil unions automatically convert into marriages: While some states once had provisions allowing couples to transition their civil unions into legal marriages, Illinois does not automatically convert them. If a couple in a civil union later decides to marry, they must go through the standard marriage process.

• Civil unions provide identical protections as marriages: While they offer similar state-level protections, they lack many federal benefits. This distinction is especially important for issues like estate planning, tax implications, and federal spousal rights.

• Civil unions are only for same-sex couples: Any couple, regardless of gender, can enter into a civil union if they want to do so.

International Recognition of Civil Unions

If you are considering moving abroad, be aware that many countries do not recognize U.S. civil unions. Some nations, like Canada and France, recognize civil unions or registered partnerships, but others, including much of Latin America and Asia, do not. This could impact everything from visa sponsorship to inheritance rights if you and your partner move internationally.

For couples who travel often or plan to relocate, marriage may provide stronger legal protections and more consistent recognition across borders.

Speak with a Wheaton, IL Family Law Attorney

If you and your partner want to formalize your love and commitment to each other but are unsure whether you want a marriage or civil union, speak to a DuPage County, IL civil union attorney with Andrew Cores Family Law Group. We will explain your options clearly so you can make the right decision for your unique circumstances. Call us today at 630-871-1002 to schedule a free initial attorney consultation.