Many believe that prenups are only for married couples. But did you know that some states allow prenups for civil partnerships too? These days, non-traditional family structures are becoming more common, with couples choosing to live together, with or without the “official” title of marriage. But no matter how you define your partnership, it’s important to make sure you’re both on the same page—especially when it comes to things like property, finances, and other legal matters. So, how do you do this if you’re not married? Let’s break down what happens when you opt for an alternative to marriage—a civil union.
What’s a civil partnership?
A civil union (also known as a civil partnership) is like a less formal marriage. It’s a legally recognized relationship (in some states) that offers many of the same benefits as marriage, but only at the state level—the federal government doesn’t recognize civil unions in the same way.
Before same-sex marriage became legal nationwide in 2015, civil unions were one of the few ways same-sex couples could access legal protections and benefits. But after the landmark Obergefell v. Hodges (2015) ruling legalizing same-sex marriage in the U.S., civil unions have become less common, and many states stopped offering them altogether.
However, a few states still issue civil unions. If you live in Colorado, New Jersey, Illinois, Hawaii, or Vermont, you can still enter into a civil union and enjoy many of the same rights as married couples. Just keep in mind that civil unions aren’t recognized by the federal government, meaning you won’t get benefits like federal tax breaks or Social Security spousal benefits.
How does a civil union differ from a domestic partnership?
A domestic partnership is also a legal arrangement that typically offers some benefits similar to a civil union. But it might only be recognized at the state, local, or even employer level, and the protections vary widely depending on where you live or work.
For example, in Massachusetts, domestic partnerships are not recognized state-wide but are recognized at the local level. The city of Somerville became the first city in in the nation to pass an ordinance recognizing polyamorous relationships under their domestic partnership ordinance, followed shortly thereafter by Cambridge. But the protections provided by Cambridge’s and Somerville’s ordinances are not recognized outside of those cities.
Several states still recognize domestic partnerships, though, sometimes granting them the same legal rights as marriage. So, in some cases, the difference between a domestic partnership and a civil union comes down to semantics rather than the rights they provide. As always, it’s important to check your state laws to understand what’s recognized where you live.
What rights do civil unions protect?
In states where they’re still an option, civil unions often come with protections similar to marriage, such as:
- Healthcare benefits: Partners can cover each other on their employer’s health insurance plans (for most employers, anyway).
- Medical decision-making rights: A major legal benefit is that if your partner is in the hospital, you have the right to visit them and make medical decisions.
- Inheritance rights: If one partner dies without a will, the other will be able to inherit their partner’s property.
- Property rights: Same property division rights as married couples.
So, while civil unions and marriages aren’t exactly the same, they can offer a lot of the same legal perks. However, there’s one major caveat! It’s important to keep in mind that the benefits and rights granted by civil unions vary from state to state, and not all states recognize civil unions. So, if you ever consider moving after getting a civil partnership, you may need to check to see what the state law is at your new destination before packing your bags.
Why would someone choose a civil partnership?
Marriage isn’t for everyone, and there are plenty of reasons couples might choose a civil union instead. Here are some examples of why someone would choose a civil partnership over marriage:
- They want legal protections without being officially married.
- They’d prefer to avoid federal marriage recognition, often for tax reasons.
- They aren’t comfortable with the cultural or religious aspects of marriage.
- They’re in a non-traditional relationship that marriage laws don’t recognize.
- Or, they just have personal preferences—no need to explain!
Sometimes it’s a personal preference, or sometimes there’s a legal reason to want a civil partnership. If you’re in one of the states that allows them, then it’s your right to choose!
Can you get a prenup in a civil union?
In a few states, yes! Just like married couples, those entering into a civil union can potentially create a prenup (or a “pre-civil union agreement”), depending on their state. These agreements allow couples to define how assets, debts, and responsibilities will be divided if the relationship ends, just like any other prenup. Prenups are just as useful for civil unions as they are for marriages and are enforceable under state law.
Currently, Colorado, D.C., New Jersey, and Vermont all allow couples in civil unions to enter into these agreements.
Here are the laws in each state that allow prenups for civil unions:
- Colorado: In Colorado, civil unions are granted the same rights and responsibilities as a marriage, including the right to create a prenup under Colo. Rev. Stat. § 14-2-303.5.
- District of Columbia: In D.C., civil unions are referred to as domestic partnerships, but D.C. Code § 46-501 offers the same rights as marriage, including the ability to create a prenup.
- New Jersey: In New Jersey, N.J. Stat. § 37:2-32 allows prospective partners in a civil union to create a pre-civil union agreement under the same law that married couples can create a prenup.
- Vermont: Vermont, which was actually the first state to introduce civil unions, grants civil unions all the same rights and protections as marriage under Vt. Stat. tit. 15 § 1204. Before legalizing same-sex marriage, “[t]he [Vermont] Legislature’s intent in enacting the civil union laws was to create legal equality between relationships based on civil unions and those based on marriage.” (Miller-Jenkins v. Miller-Jenkins, 912 A.2d 951, 968 (2006)).
As you can see, it’s only a handful of states that allow you to get a prenup if you are entering into a civil union. Usually, prenups are only effective upon marriage.
What about states that do not allow civil union prenups?
If you don’t live in one of the states that offer prenups for civil unions, don’t worry; you may be able to protect yourself legally. If you’re in a civil union, domestic partnership, or cohabiting, and a prenup is not an option, you can opt for a cohabitation agreement. Many states recognize these contracts, which help unmarried couples spell out their rights and responsibilities, particularly when it comes to property and finances.
A cohabitation agreement is similar to a prenup but applies to unmarried couples living together. You can use it to outline things like property division, financial support, and other important aspects of your relationship. The enforceability of these agreements varies by state, but they can still offer valuable protection.
Takeaway on civil union prenups
Civil partnerships and prenups can get a little tricky, with laws varying from state to state. It’s always a good idea to check with a local lawyer who knows the ins and outs of partnership laws in your area. They can help you set up the right agreements—whether that’s a prenup, a cohabitation agreement, or something else—to make sure your rights and assets are protected, no matter what your relationship status is.
Jess Perillo is a legal intern at HelloPrenup, and is currently a third-year student at Suffolk University Law School. She is an Article Editor on Suffolk Law Review, and is especially interested in legal research and writing. Jess is passionate about exploring the ways technology can help close the justice gap and make legal services more accessible.
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