Civil Unions in Illinois
As I’m sure you have heard, last week Illinois voted to allow civil unions for same-sex couples. This allows same-sex couples to partake in many of the rights that married couples currently enjoy while leaving them just shy of actually being able to be married. These rights include making end-of-life decisions, handling probate matters, sharing nursing home rooms, and more.
Some of the ways the civil union differs from marriage is the couple does not receive federal rights; therefore they cannot receive Social Security benefits if one person of the couple were to pass away. They also cannot file joint tax returns.
One potentially unintended consequence of this bill is that civil unions may reach beyond same-sex couples and provide some heterosexual couples with an alternative to marriage.
An age group that is likely to choose civil unions over marriage is senior citizens. Seniors who are currently receiving a late spouse’s benefits from Social Security or a pension lose that money if they remarry. However, engaging in a civil union allows them to keep that income while still obtaining some of the rights a marriage provides.
Time will tell if heterosexual couples will opt for a civil union over marriage unless there is a financial benefit, however I would be surprised if some long-term couples who have never gotten married didn’t take advantage of this new offering. It’s a new way to enter into a domestic partnership without the weight of marriage.
I will be interested to see how civil unions in the state of Illinois affect marriage, divorce, and partnerships in general. Do you think there will be a big change other than same-sex couples receiving more rights? Or will this change how heterosexual couples view marriage as well?
Updated on 10-23-18 – Civil Unions are still legal in Illinois. However, in 2013 Illinois had a historic update. Same-sex marriage has been legally recognized in Illinois since a law signed by IL Governor Pat Quinn on November 20, 2013. This law took effect on June 1, 2014.
Michael C. Craven is a well-known divorce attorney in Chicago, CPA and a partner of the law firm, Beermann Swerdlove, LLP (Formerly of Beermann, now a Partner at Harrison LLP) located in the Chicago area. He is highly respected among other divorce attorneys, judges and his clients. He also holds a Master of Tax Law Degree (LLM). For more information about his services, contact Michael at mcraven@harrisonheld.com or at Divorce Lawyers Chicago.
