What Is Civil Union
A civil union is a legal status that grants same-sex couples (and in some states, opposite-sex couples) rights and responsibilities similar to marriage, but without the title of marriage itself. Currently, only 6 states maintain civil unions as a distinct legal category: Colorado, Connecticut, Delaware, Illinois, New Jersey, and Vermont. The federal government does not recognize civil unions, which creates significant complications in divorce proceedings, property division, and spousal support calculations.
Divorce Requirements for Civil Unions
The process for dissolving a civil union is called "dissolution of civil union" in most states, though some use the term "divorce" interchangeably. Filing requirements mirror marriage dissolution laws in your state. In Connecticut and Colorado, for example, you must establish residency (typically 90 days), file a petition with the court, and meet the same waiting periods as married couples. Vermont requires just 6 months residency. If you cannot agree on terms, the case proceeds to contested dissolution with the same court processes as any divorce.
Property Division and Spousal Support
Community property and equitable distribution rules apply to civil unions exactly as they would to marriages. If you were in a civil union in a community property state like California (before it eliminated civil unions), your assets acquired during the union were split 50-50 unless a prenuptial or postnuptial agreement stated otherwise. Spousal support (alimony) calculations follow state guidelines based on income, length of the union, and contributions to the relationship. In New Jersey, for instance, a civil union lasting 20 years or more presumptively warrants long-term spousal support, just as in marriage.
Custody and Federal Recognition Issues
Child custody rights in a civil union dissolution follow the best interests of the child standard in all states. Both parents retain equal rights regardless of the union's legal status. However, federal complications arise with Social Security benefits, federal tax returns, and military benefits. A former civil union partner cannot claim spousal Social Security benefits after age 62, while a former spouse in a state that recognizes same-sex marriage can. This gap has cost thousands of individuals significant lifetime benefits. Federal estate planning documents become essential if federal recognition is uncertain in your situation.
Common Questions
- Can I use "divorce" and "dissolution of civil union" interchangeably? Not always. Some courts and documents distinguish between the two. Check your state's statute and court forms. Connecticut's court, for example, uses "dissolution" terminology, but the process is procedurally identical to divorce.
- Does my civil union dissolution follow the same timeline as a divorce? Yes. Waiting periods, filing deadlines, and court procedures are the same. Colorado requires 30 days from service before you can finalize, identical to marriage divorce rules.
- Will my spousal support amount differ because I was in a civil union, not a marriage? No. Courts apply the same income and duration formulas. Length of the civil union counts fully toward any presumption of long-term support (typically 10+ years in most states).