Marriage vs Civil Union: Key Differences

Marriages and civil unions are legal ways for couples to get certain rights and protections. But, they are not the same. The main difference is in legal recognition. Marriages are recognized at both state and federal levels. Civil unions are only recognized at the state level.

This means civil unions don’t have the same federal benefits as marriages. For example, couples can’t file taxes together or get certain Social Security and veterans’ benefits. Also, civil unions might not be recognized in other states, limiting their portability.

Choosing between marriage and civil union can greatly affect couples, especially same-sex couples in some states. It’s important to know the differences. This knowledge helps couples understand the legal and financial implications of their choice.

Understanding Civil Unions

A civil union is a legal bond that gives couples state-level legal rights and benefits, similar to marriage. It was created for same-sex couples before same-sex marriage was legal across the U.S. in 2015. Now, only a few states offer civil unions, as most couples choose marriage instead.

What is a Civil Union?

A civil union is a legal agreement between two people. It gives them many of the same legal protections as marriage, like hospital visitation and inheritance rights. But, it’s only recognized at the state level and doesn’t have the federal recognition or federal benefits of marriage.

Reasons Why Couples Enter a Civil Union

• Some couples prefer not to marry due to social or religious reasons but still want legal protections for their relationship.
• Others may choose civil unions to avoid federal tax or benefits implications tied to marriage.
• In states where civil unions are available, same-sex couples might pick this option if they don’t want federal recognition as a married couple.

Civil unions offer a choice for couples seeking legal state-level recognition and protections but not the full federal recognition and benefits of marriage.

Key Similarities Between Civil Unions and Marriages

Civil unions and marriages have many things in common, especially in legal matters. They both offer couples important rights and protections.

Legal Process and Requirements

To start a civil union, couples need to get a civil union certificate, just like a marriage license. They must be of a certain age and show their identity. Ending a civil union is similar to getting a divorce, with courts helping with dividing things.

Rights and Protections Granted

Civil unions and marriages give couples many of the same legal benefits. These include rights to inherit, get job benefits, and own property together. They also have the same rights in legal cases and when it comes to being parents. The details might change by state, but the main rights are the same for both.

The legal steps and rights given to civil unions and marriages are quite alike. This is true even though they are seen differently by society and have different names.

difference between a marriage and a civil union

The main difference between marriage and civil union is in legal recognition. Marriages get recognition at both state and federal levels. Civil unions are only recognized in the state where they were made. This affects the rights and benefits couples get in these unions.

Federal Recognition and Benefits

Married couples get many federal benefits. They can file taxes together, get Social Security, and help a non-citizen spouse with immigration. Civil union couples don’t get these benefits.

State Recognition and Portability

Marriages are recognized everywhere in the U.S., but civil unions might not be. If a civil union couple moves to a new state, their union might not be legal there. But, a marriage is always legal in all states.

Marriage and civil union have big differences in legal and practical ways. These differences affect things like taxes, Social Security, and immigration.

Legal Rights and Benefits of Marriage

Marriage offers more legal rights and benefits than civil unions. Couples get state-level protections like those in civil unions. But, they also get federal benefits. These include filing taxes together, getting Social Security survivor benefits, sponsoring a spouse for immigration, and getting veterans’ benefits.

Married couples have strong legal rights in important areas like healthcare and inheritance. For example, they can make healthcare choices for each other. They also get priority in inheriting assets when one spouse passes away.

Marriage gives couples more rights and benefits than civil unions. These benefits come from both federal and state laws. This shows how marriage deeply affects couples and their families.

Tax and Financial Implications

Couples in civil unions can usually file state taxes together, just like married couples. But for federal taxes, they must file as singles. Married couples can file together, which might give them more benefits.

This difference can lead to big financial implications for civil union couples. They miss out on some tax benefits and deductions that married couples get. This can mean paying more taxes, known as a “marriage tax penalty.”

State Tax Filing Options

• Couples in a civil union can usually file state taxes together, just like married couples.
• This lets civil union partners enjoy certain state tax benefits that come with filing jointly.

Federal Tax Filing Differences

1. For federal tax filing, civil union partners must file as singles.
2. Married couples can file their federal taxes together, which gives them more tax benefits.
3. Not being able to file together can make civil union couples pay more taxes, or a “marriage tax penalty.”

The tax differences can have a big impact on finances. It’s key for civil union couples to know about these tax penalties and plan for them.

Religious and Cultural Perspectives

Many religious groups only see marriage as a sacred bond. They might not accept civil unions as equally sacred. People’s views on marriage and civil unions also vary. Some see civil unions as less official than marriage.

Societal Views on Marriage vs Civil Unions

Different cultural and religious views affect how couples choose to get together. Some think civil unions are not as good as marriage. Others accept both as valid choices.

• Some religious groups only accept marriages within their faith, leaving out civil unions.
• In certain cultural settings, civil unions are seen as less complete than marriage, affecting societal views.
• The acceptance of civil unions changes a lot, based on the cultural and religious views in a place.

The mix of legal, religious, and cultural factors affects how couples decide between marriage and civil unions.

Conclusion

Civil unions and marriages may seem similar, but they have key differences. Civil unions are only recognized at the state level, not federally. This means married couples get more federal benefits and protections.

Marriage gives couples more legal, financial, and social benefits than civil unions. When choosing between the two, it’s important to think about what matters most to you. This includes legal rights, financial benefits, and how society views your relationship.

It’s crucial to know the differences between marriage and civil union. This includes legal rights, federal recognition, taxes, and how others see your relationship. Making an informed choice helps ensure your relationship meets your personal and legal goals.