Kara Sears
Civil unions and common-law marriages are both alternatives to traditional marriages. A civil union is a legally recognized partnership between two individuals that grants some or all of the rights of marriage, while a common-law marriage is a marriage that is established through an agreement to be married, cohabitation, and a public announcement of the marriage without the need for a marriage license or officiant. While civil unions are not recognized at the federal level in the United States, common-law marriages are recognized in some states and may offer similar benefits to traditional marriages.
Characteristics of civil unions and common-law marriages
| Characteristics | Civil Union | Common-Law Marriage |
|---|---|---|
| Legal Status | Civil unions are legally recognized partnerships between two individuals that are similar to marriage. | Common-law marriage is a marriage without a marriage license or ceremony. |
| Federal Recognition | Civil unions are not recognized at the federal level. | Common-law marriages are recognized in some states. |
| Protections | Civil unions provide many of the same protections as marriages, including health care rights, inheritance rights, hospital visitation rights, and more. | Common-law marriages provide the same protections as traditional marriages, including state-level benefits, social security survivor benefits, and the ability to file joint federal tax returns. |
| Dissolution | Dissolving a civil union is similar to a divorce process. | Common-law marriages require a divorce to be dissolved. |
| Recognition | Civil unions are recognized in only a few states. | Common-law marriages are recognized in Colorado, Iowa, Kansas, Montana, South Carolina, Texas, Utah, and Rhode Island. |
| Purpose | Civil unions were originally created to provide legal recognition for same-sex couples. | Common-law marriages were initially a stop-gap measure for couples in isolated rural areas who had to wait for a clergy visit to preside over a ceremony. |
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What You'll Learn
- Civil unions are legally recognised in some countries and US states, but not all
- Common-law marriages are recognised in eight US states, plus DC
- Civil unions were created to provide legal recognition for same-sex couples
- Common-law marriages do not require a license, unlike civil unions
- Civil unions offer many of the same rights as marriage, but not all
Civil unions are legally recognised in some countries and US states, but not all
A civil union, also known as a civil partnership, is a legally recognised arrangement similar to marriage. It was primarily created to provide legal recognition for same-sex couples. Civil unions grant some or all of the rights of marriage, with child adoption being a common exception.
Civil unions have been established by law in several countries to provide legal recognition of relationships formed by same-sex couples and to afford them rights, benefits, tax breaks, and responsibilities. In 1989, Denmark was the first country to legalise civil unions. Most other developed democracies did not begin establishing them until the 1990s and early 2000s.
Many jurisdictions with civil unions recognise foreign unions if they are equivalent to their own. For example, the United Kingdom lists equivalent unions in the Civil Partnership Act 2004 Schedule 20. The marriages of same-sex couples performed abroad may be recognised as civil unions in jurisdictions that only have the latter. The terms used to designate civil unions vary widely from country to country. Government-sanctioned relationships that may be similar or equivalent to civil unions include civil partnerships, registered partnerships, domestic partnerships, common-law marriages, adult interdependent relationships, life partnerships, and stable unions.
In Colorado, civil unions are recognised as legally valid, and the procedure for dissolving a civil union is the same as for a divorce. Colorado is one of only eight US states that still recognise common-law marriages. In a common-law marriage, couples must cohabitate as spouses, mutually agree to be married, and show evidence of their mutual agreement. If all three elements are met, the couple will be in a common-law marriage in the eyes of Colorado law.
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Common-law marriages are recognised in eight US states, plus DC
A civil union is a legally recognised partnership between two individuals that provides many of the same legal obligations, protections, and benefits as marriage under state law. Civil unions were originally created to offer legal recognition and protections for same-sex couples before the legalization of same-sex marriage. Civil unions are not recognised at the federal level in the United States, and couples in a civil union may not have the same protections if they move to a state that doesn't recognise their union.
A common-law marriage is a marriage that is achieved by an agreement between two individuals to be married, living together as spouses, and announcing themselves as married to their friends, family, and the public without obtaining a marriage license or going through a legal ceremony. Common-law marriages are recognised in eight US states: Colorado, Iowa, Kansas, Montana, South Carolina, Texas, Utah, and Rhode Island. Additionally, five other states recognise common-law marriages within specific time limitations, and New Hampshire recognises them for inheritance purposes only.
The recognition and terms of civil unions can vary significantly by state. While some states offer protections nearly identical to marriage, others have more limited benefits or do not offer civil unions at all. Similarly, the requirements for common-law marriages can vary across the states that recognise them. For example, in Texas, there is no minimum time requirement for a couple to declare a common-law marriage, whereas in Colorado, a couple must mutually consent to be husband and wife and follow it up with an open assumption of a marital relationship.
Both civil unions and common-law marriages are alternatives to traditional marriage and provide couples with legal recognition and protections. While civil unions are more commonly associated with same-sex couples, common-law marriages can be formed by both same-sex and opposite-sex couples.
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Civil unions were created to provide legal recognition for same-sex couples
Civil unions are legally recognised partnerships between two individuals that are similar to marriages. They were primarily created to provide legal recognition for same-sex couples before the legalisation of same-sex marriage. In 1989, Denmark became the first country to legalise civil unions, with most other developed democracies following suit in the 1990s and early 2000s.
Civil unions grant some or all of the rights of marriage, including inheritance rights, employment benefits, bereavement rights, parental rights, property and estate planning rights, and spousal privilege. However, child adoption is often excluded, and civil unions are not recognised at the federal level, resulting in differences in federal benefits and protections.
In the United States, civil unions were originally established as an alternative for same-sex couples before the 2015 Supreme Court ruling that legalised same-sex marriage nationwide. Following this decision, civil unions in most states were phased out or converted into marriages. As of 2024, only four states in the US continue to recognise civil unions: Colorado, Hawaii, Illinois, and New Jersey.
While civil unions were created to provide legal recognition for same-sex couples, they are now also available to heterosexual couples seeking an alternative to traditional marriage. In some countries, civil unions were first established for opposite-sex couples before being expanded to include same-sex couples.
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Common-law marriages do not require a license, unlike civil unions
A civil union is a legally recognised partnership between two individuals that provides many of the same legal obligations, protections, and benefits as marriage under state law. Civil unions were originally created to offer legal recognition and protections for same-sex couples before the legalisation of same-sex marriage. They are now also an option for heterosexual couples seeking an alternative to traditional marriage.
Common-law marriages differ from civil unions in that they do not require a license. A common-law marriage is achieved by an agreement between two individuals to be married, living together as spouses, and presenting themselves to friends, family, and the public as being married, without obtaining a marriage license or having an officiant preside. To validate a common-law marriage, a couple must be 18 or older, of sound mind, not already married, and intend to be married.
The recognition and terms of civil unions can vary significantly by state. While some states have civil union laws with protections nearly identical to marriage, others offer more limited benefits or do not recognise civil unions at all. As of 2024, only four states recognise civil unions: Colorado, Hawaii, Illinois, and New Jersey. Civil unions are not recognised at the federal level in the United States, which means that couples in a civil union may not have the same protections if they move to a state that does not recognise it.
In contrast, common-law marriages are recognised in nine states in the US (including Colorado, Iowa, Kansas, Montana, South Carolina, Texas, Utah, and Rhode Island), and the District of Columbia. Five other states also recognise common-law marriages within specific time limitations. While common-law marriages do not require a license, they are considered legally valid, and therefore, an official divorce proceeding is necessary to dissolve the union.
In summary, common-law marriages and civil unions are both alternatives to traditional marriage. However, they differ in their legal recognition, requirements, and protections. Common-law marriages do not require a license, whereas civil unions require an application and license similar to traditional marriage.
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Civil unions offer many of the same rights as marriage, but not all
A civil union, also known as a civil partnership, is a legally recognised arrangement similar to marriage. Civil unions were originally created to provide legal recognition for same-sex couples and grant them some or all of the rights of marriage. While civil unions offer many of the same rights as marriage, they do not offer all the same protections. For example, civil unions do not offer federal protections and benefits such as social security and veteran's benefits, and couples in a civil union must file taxes individually.
Civil unions have been established by law in several countries to provide legal recognition of relationships formed by same-sex couples and afford them rights, benefits, tax breaks, and responsibilities. In 1989, Denmark became the first country to legalise civil unions. Since then, most other developed democracies have followed suit, with many countries supplementing or replacing civil unions with same-sex marriage.
The recognition and terms of civil unions can vary significantly by state or country. While some states have civil union laws with protections nearly identical to marriage, others have more limited benefits or do not offer civil unions at all. For example, as of 2024, only four states in the US recognise civil unions: Colorado, Hawaii, Illinois, and New Jersey. In contrast, common-law marriages are recognised in eight states, plus the District of Columbia.
Civil unions can be beneficial for couples who do not believe in marriage or do not want to be recognised federally as married due to tax purposes or other reasons. The process for obtaining a civil union is similar to that of marriage, with partners needing to apply for a certificate and meet certain requirements. Civil unions also share many of the same rights as marriage, including inheritance rights, employment benefits, bereavement rights, parental rights, property and estate planning rights, and spousal privilege.
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Frequently asked questions
A civil union is a legally recognized partnership between two individuals that provides many of the same legal obligations, protections, and benefits as marriage under state law. Civil unions were originally created to offer legal protections to same-sex couples who weren't allowed to legally marry.
A common-law marriage is a marriage achieved by an agreement to be married, living together as spouses, and announcing themselves as married to friends, family, and the public without obtaining a marriage license or going before an officiant. Common-law marriages are recognized in some states and may offer similar benefits to traditional marriages.
The main difference is that a civil union is not recognized at the federal level, whereas a common-law marriage may be recognized depending on the state. Civil unions are also formed through a legal process, similar to obtaining a marriage license, while common-law marriages do not require a license.
As of 2024, only four states recognize civil unions: Colorado, Hawaii, Illinois, and New Jersey. Civil unions were phased out in most states after the legalization of same-sex marriage in 2015.
Common-law marriages are recognized in Colorado, Iowa, Kansas, Montana, South Carolina, Texas, Utah, and Rhode Island. Additionally, five other states recognize common-law marriages within specific time limitations.
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