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Understanding the Differences: Civil Unions vs. Domestic Partnerships

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People often find themselves confused about the differences between a Civil Union and a Domestic Partnership, and what rights they have if their partner, to whom they are not married, leaves them or predeceases them. This blog aims to clarify these differences and explain the implications of separation or death in such relationships.

What is a Civil Union?

Civil Unions were introduced in Illinois before the Supreme Court of the United States recognized same-sex marriages. The Civil Union laws in Illinois made such unions available to both same-sex and opposite-sex couples. At the time, civil unions were not federally recognized, so individuals who risked losing certain federal benefits upon “remarriage” could instead opt for a civil union without that concern.

In Illinois, terminating a Civil Union is treated the same as a divorce. A Petition for Dissolution of Civil Union must be filed to initiate the process. Couples dissolving a civil union have the same rights as divorcing couples, including the division of joint property and debts, and the awarding of spousal support.

If you or your spouse are contemplating divorce, or need assistance with child support or child custody issues in Illinois, reach out to Jennifer Ward of WARD FAMILY LAW, LLC for a consultation at 312-803-5838 or jward@wardfamilylawchicago.com.

When the Supreme Court ruled that same-sex marriages would be recognized, many benefits of civil unions became obsolete. Illinois statutes were amended to allow civil unions to be “converted” into marriages. These converted marriages are dissolved in the same manner as any other marriage in Illinois, regardless of their origin as civil unions. Civil unions are not widely used in Illinois today, as the need for them has largely disappeared.

Civil Unions or Domestic Partnerships?

Civil Unions and Domestic Partnerships are often confused. While some states have laws and processes for dissolving a Domestic Partnership, Illinois does not. Couples who live together without marrying often assume their “domestic partnership” is recognized by the state. Unfortunately, Illinois does not recognize domestic partnerships for purposes of estate benefits or property division upon separation.

Domestic partnership laws were originally designed to allow unmarried cohabitants to be covered under one another’s health insurance benefits. However, Illinois provides no additional benefits to those in a domestic partnership. For example, if you want your partner to receive your 401(k) upon your death, you need to create an estate plan that specifically awards this property to your partner. Without such a plan, your partner has no legal right to inherit your assets, even if you lived together unmarried for many years.

Understanding the differences between Civil Unions and Domestic Partnerships is crucial for protecting your rights and your partner’s rights. While Civil Unions in Illinois provide many of the same legal protections as marriage, Domestic Partnerships offer very limited benefits and require careful estate planning to ensure your partner is protected.

Our team at WARD FAMILY LAW, LLC has extensive experience in all family and matrimonial law matters and are here to help!  Contact Jennifer Ward of WARD FAMILY LAW, LLC for a consultation at 312-803-5838 or jward@wardfamilylawchicago.com.

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