Are Civil Unions Still a Thing in Illinois?

 Posted on October 20, 2025 in Family Law

Even though same-sex marriage has been legal in Illinois for years, civil unions have not gone away. They are still an option for both same-sex and opposite-sex couples who want many of the same rights as marriage without using that label. Many couples find civil unions to be a flexible option that fits their goals and beliefs. If you are considering making your relationship legally official, you should speak to a representative today. Our Wheaton, IL family law attorneys will explain the process and help you decide if this option is right for you.

How Do Civil Unions Work in Illinois?

At the state level, under 750 ILCS 75/20, civil unions and marriages share many of the same legal rights and responsibilities. Both people must be at least 18 years old. You also cannot already be married, in another civil union, or closely related by blood. You and your partner must go together to your county clerk’s office to apply for a civil union license.

After you get your license, there is usually a short waiting period. Then you can have a ceremony. A judge, religious official, or another authorized person can perform it. Afterward, the officiant signs the license and returns it to the county clerk’s office. Once it is filed, your civil union becomes legally valid.

What Is the Difference Between a Civil Union and a Marriage in Illinois?

Some of the protections and benefits shared by civil unions and marriages include:

• The right to share property ownership and automatically inherit from each other if one partner passes away

• The right to make medical decisions for a partner who cannot do so

• The right to visit your partner in the hospital and access their medical information

• The right to inherit from each other, even without a will

• Shared parental rights and responsibilities toward children

• Access to court procedures similar to divorce if the relationship ends

The biggest difference comes from how federal law treats each one. Civil unions are not recognized by the federal government. Civil unions are not recognized by the federal government, so partners cannot file joint federal tax returns, receive Social Security spousal benefits, or qualify for immigration benefits such as sponsoring a spouse for a visa. Still, some couples prefer civil unions because they provide state-level protection without involving federal systems.

What Is the Difference Between a Civil Union and a Domestic Partnership in Illinois?

"Domestic partnership" refers to a local or private arrangement rather than a statewide legal status. You might be able to register for one through your employer, city, or county to get limited benefits like shared health insurance, hospital visitation, or family leave. This type of arrangement is often used by unmarried couples who live together and want some recognition without entering a legal union.

However, the specific benefits you receive depend on the rules of your employer or local government. You will not have legal rights under Illinois law, since the state does not officially recognize domestic partnerships. This means you and your partner will not have the same property, inheritance, or parental protections that a civil union or a marriage provides. In short, a domestic partnership offers convenience within a workplace or local program, while a civil union gives you legal recognition throughout Illinois.

Why Would a Couple Choose a Civil Union Over a Marriage?

There are several reasons couples still choose civil unions instead of marriage in Illinois:

• Personal beliefs: Some couples do not feel comfortable with the traditional idea of marriage but still want legal protections for their committed relationship.

• Religious reasons: Some faiths discourage marriage for certain couples, so a civil union offers a middle ground.

• Financial planning: Civil unions can protect each partner’s property while avoiding certain federal tax or benefit issues.

• Privacy concerns: Some couples prefer civil unions because they offer legal protections without the public or religious attention that can come with marriage.

Can You Convert a Civil Union Into a Marriage in Illinois?

If you are in a civil union and later decide to marry, Illinois makes the process simple. You can apply for a marriage license at the same county clerk’s office where your civil union was registered. Once you complete the marriage process, your civil union automatically changes into a marriage. It even preserves your relationship history and legal protections. For example, you get to keep your original anniversary date for the civil union.

Many couples decide to convert their civil unions to marriages so they can receive federal benefits or make things easier when moving out of state. However, Illinois does not require you to do this. You can remain in a civil union as long as you like without ever transitioning into a legal marriage.

Are Illinois Civil Unions Recognized in Other States?

If you form a civil union in Illinois, some states will recognize it legally, while others will not. For example, Colorado, Hawaii, and New Jersey recognize civil unions or similar legal relationships from other states. However, states such as Texas, Florida, and Indiana do not. In those states, your relationship may not be given any legal standing.

If you are in an official civil union in Illinois and later move to Texas, you probably would not have automatic inheritance rights in your new home. If your partner fell ill, you may not have medical decision-making power or hospital visitation privileges. If you plan to relocate or travel frequently, you should speak with a family law attorney.

Contact a DuPage County, IL Civil Union Lawyer Today

If you want to enter a civil union, convert one into a marriage, or end an existing one, we can help. At The Stogsdill Law Firm, P.C., we have built a reputation as one of the most respected family law firms in Northern Illinois. For more than 40 years, our team has provided skilled and compassionate legal representation to individuals and families throughout the area. Together, our attorneys bring over 110 years of combined experience handling complex family law issues. This includes civil unions and divorces.

Our Wheaton, IL family law attorneys can help you understand your rights, protect your interests, and move forward with confidence. Call 630-462-9500 today to schedule a consultation.