Cecily Zamora
Civil unions and common-law marriages are two alternatives to traditional marriage. Civil unions are similar to marriages in that they provide many of the same legal protections, such as inheritance rights, employment benefits, and parental rights. However, civil unions are only recognized at the state level, not by federal law, and are not recognized in every state. Common-law marriages, on the other hand, are achieved by an agreement between two people to be married, living together as spouses, and presenting themselves as married to others, without obtaining a marriage license. While common-law marriages are recognized in some states, they may not be recognized in all settings.
Differences between Civil Union and Common Law Marriage
| Characteristics | Civil Union | Common Law Marriage |
|---|---|---|
| Legal Status | Civil union is a legal arrangement between two people that provides state-level legal protections. | Common-law marriage is a marriage achieved by an agreement to be married, living together as spouses, and announcing themselves as married without obtaining a marriage license. |
| Recognition | Civil unions are not recognized by the federal government and are only recognized in certain states. | Common law marriages are recognized in only eight states (Colorado, Iowa, Kansas, Montana, South Carolina, Texas, Utah, and Rhode Island) and the District of Columbia. |
| Rights | Civil unions grant some or most of the rights of marriage, including inheritance rights, employment benefits, parental rights, and spousal privilege. | Common law marriages have the same protections as traditional marriages, including the right to file joint federal taxes. |
| Dissolution | Civil unions are easier to dissolve than marriages. | Common law marriages follow the same guidelines as traditional marriages during dissolution. |
| Application | Couples seeking a civil union must apply for a license. | Couples seeking a common law marriage must be 18 or older, of sound mind, not already married, intend to be married, and present themselves as married to others. |
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What You'll Learn
Civil unions are not recognised by the federal government
Civil unions also do not have an equivalent to the "confidential marriage" institution. While civil unions provide couples with the same rights and protections as a marriage, this is only on a state level rather than a national level. The rights and protections of a civil union vary from state to state, and not all states recognise civil unions. Couples in a civil union may find they do not have the same protections if they move to a state that does not recognise their union.
Civil unions were originally created to offer the same legal protections that married couples have to same-sex couples. In 2015, when same-sex marriages were legalised, many couples' civil unions were converted to marriages. However, some couples chose to retain their civil union status. Civil unions have been criticised as being 'separate but equal', with critics arguing that treating same-sex couples differently under the law allows for inferior treatment.
Civil unions also differ from traditional marriages in that they are more easily dissolved than the divorce process applying to marriage. Couples in a civil union must file individual federal tax returns, whereas married couples can file joint tax returns.
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Common-law marriage criteria include cohabitation and presenting as married
A civil union is a legal arrangement between two people that provides state-level legal protections. Civil unions were originally created to offer the same legal protections that married couples have to same-sex couples. In 2015, when same-sex marriages became legal in the United States, many couples' civil unions were converted to marriages. However, some couples chose to retain their civil union statuses. Civil unions differ from traditional marriage in that they are not recognized at a federal level. Couples in a civil union may find they don't have the same protections if they move to a state that doesn't recognize the civil union.
A common-law marriage is a marriage achieved by an agreement to be married, living together as spouses, and announcing themselves to friends, family, and the public as being married, without ever obtaining a marriage license or going through a ceremony. Common-law marriage criteria include cohabitation and presenting as married. For a common-law marriage to be recognized in Colorado, a couple must mutually consent or agree to be husband and wife, cohabitate as spouses, mutually agree to be married, and show evidence of their mutual agreement.
In addition to the proceedings, civil unions share many of the same rights, benefits, and legal protections as marriages. Some of the most common protections both types of unions have include inheritance rights, employment benefits, bereavement rights, parental rights, property and estate planning rights, joint tax filing, and spousal privilege.
To validate a common-law marriage, a couple must generally be 18 or older, of sound mind, not already married to other people, intend to be married, and present themselves as married to others.
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Civil unions were originally for same-sex couples
Civil unions, also known as civil partnerships, were originally created to offer legal recognition to same-sex couples. Before same-sex marriage was legalised in the United States, civil unions were the only option for same-sex couples to have their relationship legally recognised. The first country to legalise civil unions was Denmark in 1989, while civil unions in the United States began in New Jersey in 2006. In 2015, the Supreme Court legalised same-sex marriage across the United States, and many couples' civil unions were converted to marriages. However, some couples chose to retain their civil union status.
Civil unions are similar to marriages in that they provide many of the same rights and protections, including inheritance rights, employment benefits, parental rights, and property rights. However, civil unions are only recognised at the state level and not by the federal government, which means that couples in a civil union may not have the same protections if they move to another state. For example, the Social Security Administration provides benefits to married couples but not necessarily to those in a civil union. Additionally, while marriages are recognised by all states and religions, civil unions are not.
Civil unions were created to provide same-sex couples with the same legal protections as married couples, and they have been criticised as being 'separate but equal'. Critics argue that treating same-sex couples differently under the law allows for inferior treatment and that there should be one law for marriage that applies to all couples. Supporters of same-sex marriage contend that civil unions should either be replaced by same-sex marriage or opened up to opposite-sex couples to avoid accusations of apartheid.
While civil unions were originally created for same-sex couples, they are now available to both same-sex and heterosexual couples seeking an alternative to traditional marriage. Some couples may choose a civil union for financial purposes, such as moving into a lower tax bracket, or to avoid the stigma associated with marriage. Civil unions are also easier to dissolve than marriages, which may be a factor for some couples.
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Common-law marriages are not recognised in all states
A civil union is a legally recognised arrangement similar to marriage, primarily created to provide legal recognition for same-sex couples. Civil unions grant some or all of the rights of marriage, such as inheritance rights, employment benefits, property, parental rights, and bereavement rights. However, it is important to note that civil unions are only recognised at the state level and not by the federal government. This means that couples in a civil union may not have the same protections if they move to a different state that does not recognise their union. As of 2024, only four states recognise civil unions: New Jersey, Illinois, Hawaii, and Colorado.
On the other hand, a common-law marriage is a marriage achieved through an agreement between two people to be married, living together as spouses, and presenting themselves as a married couple to their friends, family, and the public, without obtaining a marriage license or going through a legal marriage ceremony. Common-law marriages are recognised in some states, such as Colorado, Iowa, Kansas, Montana, South Carolina, Texas, Utah, and Rhode Island. However, it is important to note that not all states recognise common-law marriages, and the specific requirements for establishing a common-law marriage may vary depending on the state.
The recognition of common-law marriages varies across different states in the US. While some states, like Colorado, Iowa, and Texas, fully recognise common-law marriages, there are also states that do not recognise them at all. For example, California does not recognise common-law marriages, and couples who live together in California cannot claim a common-law marriage even if they meet the requirements of another state that does recognise such marriages. The lack of uniform recognition across all states can create legal complexities for couples who move to a different state or seek to dissolve their common-law marriage.
In states that do recognise common-law marriages, there are specific criteria that must be met for a couple to be considered legally married under common law. These criteria typically include requirements such as both parties being 18 or older, of sound mind, not already married, intending to be married, and presenting themselves as married to others. The specific requirements can vary slightly from state to state, and it is important for couples to understand the laws of their specific state.
While common-law marriages are not recognised in all states, they have historically served as a solution for couples living in isolated rural areas who may have had difficulty accessing a traditional marriage ceremony. Additionally, common-law marriages can provide a legal framework for couples who, for personal or religious reasons, do not want to participate in a traditional marriage ceremony but still seek legal recognition of their union.
In summary, while common-law marriages are recognised in some states, they are not universally recognised across all states in the US. Each state has its own laws and requirements regarding common-law marriages, and couples considering this form of union should be aware of the legal implications and protections provided by their specific state.
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Civil unions offer similar legal protections to marriages
Civil unions are a legally recognised arrangement similar to marriage, primarily created to provide legal recognition for same-sex couples. Civil unions were first legalised in Denmark in 1989, with most other developed democracies following suit in the 1990s and early 2000s. In the US, they were first introduced in New Jersey in 2007.
In terms of the process, getting a civil union is very similar to getting married. Couples seeking a civil union must apply for a license, just like in a traditional marriage. However, civil unions are more easily dissolved than marriages, and there may be differences in the minimum age requirement, with civil unions typically requiring both parties to be 18 years or older.
Civil unions were originally created to offer same-sex couples the same legal protections as married couples. However, even after the legalisation of same-sex marriage, some couples choose to remain in a civil union for various reasons. Some may prefer the idea of a civil union over the societal or religious implications of marriage, while others may choose a civil union for financial purposes, such as moving into a lower tax bracket.
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Frequently asked questions
A civil union is a legal arrangement between two people that provides state-level legal protections.
Common-law marriage is a lawful relationship between two people that provides legal protection at the federal and state level.
The main difference is that civil unions are only recognised at the state level, whereas common-law marriages are recognised by the federal government as well. This means that civil unions do not offer certain federal protections and benefits, such as Social Security benefits.
Yes, another difference is that civil unions are not recognised by all states, and the benefits and rights granted by civil unions vary from state to state. Common-law marriages, on the other hand, are recognised across all states and provide the same benefits and rights regardless of location.
Some people may choose a civil union because they do not want to get married but still want to have legal rights. Civil unions can also be used for financial purposes, such as moving into a lower tax bracket.
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