Civil Union Benefits
Some benefits derived from a Civil Union are:
source: GayMarriageLawyers.com
- Civil Union is a legal status available to same-sex couples. At the present time,
Vermont, Connecticut, and New Jersey are the only states that recognize this new
legal status. Civil Unions in the past were often were referred to as Vermont Civil
Unions. Civil Unions were first recognized in Vermont. - A couple wishing to terminate a civil union must file a civil union dissolution
proceeding in family court that follows the same procedures, and applies the same
laws, as a married couple going through a divorce. We suggest you consult a
lawyer before making any decisions weather a Civil Union is the right choice for you
and your partner.
Some benefits derived from a Civil Union are:
- Civil Unions allow automatic inheritance rights without having to get a will, and
broad protections for the surviving partner under the probate laws. - Civil Unions allow right to dispose of partner's bodily remains upon death.
- Civil Unions allow preference for becoming partner's guardian if a partner is
incapacitated. - Civil Unions allow preference for making healthcare decisions without having to
execute a Power of Attorney. - Civil Unions allow right to visit in the hospital.
- Civil Unions allow wrongful death cause of action if partner is killed in an accident.
- Civil Unions allow loss of consortium claim if partner is injured due to another's
negligence. - Civil Unions allow exemptions from property transfer tax when one person puts his
or her partner's name on the deed. - Civil Unions allow right to hold property as tenants by entirety, protecting property
from some creditors. - Civil Unions allow communication privileges, so partners cannot be forced to testify
against the other. - Civil Unions allow leave from work to care for an ill partner under family medical
leave laws. - Civil Unions allow leave from work when one's partner gives birth to or adopts a
child under parental leave law. - Civil Unions allow rights as a stepparent for a child of the other partner.
- Civil Unions allow protection from discrimination in insurance and credit (to get, for
example, joint car insurance). - Civil Unions allow greater access to health insurance coverage to partners in a civil
union. - Civil Unions allow potential responsibility to provide support (alimony) to the other
partner upon dissolution. - We suggest you consult a qualified lawyer before making a decision weather a Civil
Union is the right choice for you and your partner.
source: GayMarriageLawyers.com
The following list of legal benefits, protections and responsibilities of spouses shall apply in like manner to 1
[the parties to a] civil union [couples], but shall not be construed to be an exclusive list of such benefits,
protections and responsibilities:
a. laws relating to title, tenure, descent and distribution, intestate succession, 1[waiver of will,]1 survivorship, or other incidents of
the acquisition, ownership or transfer, inter vivos or at death, of real or personal property, including but not limited to eligibility to
hold real and personal property as tenants by the entirety;
b. causes of action related to or dependent upon spousal status, including an action for wrongful death, emotional distress, loss
of consortium, or other torts or actions under contracts reciting, related to, or dependent upon spousal status;
c. probate law and procedure, including nonprobate transfer;
d. adoption law and procedures;
e. laws relating to insurance, health and pension benefits;
f. domestic violence protections pursuant to the “Prevention of Domestic Violence Act of 1991,” P.L.1991, c.261 (2C:25-17 et
seq.) and domestic violence programs;
g. prohibitions against discrimination based upon marital status;
h. victim's compensation benefits, including but not limited to compensation to spouse, children and relatives of homicide victims;
i. workers' compensation benefits pursuant to chapter 15 of Title 34 of the Revised Statutes, including but not limited to survivors’
benefits and payment of back wages;
j. laws relating to emergency and nonemergency medical care and treatment, hospital visitation and notification, and any rights
guaranteed to a hospital patient pursuant to P.L.1989, c.170 (C.26:2H-12.7 et seq.) or a nursing home resident pursuant to P.L.
1976, c.120 (C.30:13-1 et seq.);
k. advance directives for health care and designation as a health care representative pursuant to P.L.1991, c.201 (C.26:2H-53 et
seq.);
l. family leave benefits pursuant to P.L.1989, c.261 (C.34:11B-1 et seq.);
m. public assistance benefits under State law, including, but not limited to: Work First New Jersey benefits pursuant to P.L.1997, c.
38 (C.44:10-55 et seq.); medical assistance pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.); Supplemental Security Income
pursuant to P.L.1973, c.256 (C.44:7-85 et seq.); pharmaceutical assistance pursuant to P.L.1975, c.194 (C.30:4D-20 et seq.) and
Page 3 of 44
P.L.2001, c.96 (C.30:4D-43 et seq.); hearing aid assistance pursuant to P.L.1987, c.298 (C.30:4D-36 et seq.); and utility benefits
pursuant to P.L.1979, c.197 (C.48:2-29.15 et seq.) and P.L.1981, c.210 (C.48:2-29.30 et seq.);
n. laws relating to taxes imposed by the State or a municipality 1[other than estate taxes,]1 including but not limited to homestead
rebate tax allowances, tax deductions based on marital status or exemptions from realty transfer tax based on marital status;
o. laws relating to immunity from compelled testimony and the marital communication privilege;
p. the home ownership rights of a surviving spouse;
q. the right of a spouse to a surname change without petitioning the court;
r. laws relating to the making of, revoking and objecting to anatomical gifts pursuant to P.L.1969, c.161 (C.
26:6-57 et seq.);
s. State pay for military service;
t. application for absentee ballots;
u. legal requirements for assignment of wages; and
v. laws related to tuition assistance for higher education for surviving spouses or children.
[the parties to a] civil union [couples], but shall not be construed to be an exclusive list of such benefits,
protections and responsibilities:
a. laws relating to title, tenure, descent and distribution, intestate succession, 1[waiver of will,]1 survivorship, or other incidents of
the acquisition, ownership or transfer, inter vivos or at death, of real or personal property, including but not limited to eligibility to
hold real and personal property as tenants by the entirety;
b. causes of action related to or dependent upon spousal status, including an action for wrongful death, emotional distress, loss
of consortium, or other torts or actions under contracts reciting, related to, or dependent upon spousal status;
c. probate law and procedure, including nonprobate transfer;
d. adoption law and procedures;
e. laws relating to insurance, health and pension benefits;
f. domestic violence protections pursuant to the “Prevention of Domestic Violence Act of 1991,” P.L.1991, c.261 (2C:25-17 et
seq.) and domestic violence programs;
g. prohibitions against discrimination based upon marital status;
h. victim's compensation benefits, including but not limited to compensation to spouse, children and relatives of homicide victims;
i. workers' compensation benefits pursuant to chapter 15 of Title 34 of the Revised Statutes, including but not limited to survivors’
benefits and payment of back wages;
j. laws relating to emergency and nonemergency medical care and treatment, hospital visitation and notification, and any rights
guaranteed to a hospital patient pursuant to P.L.1989, c.170 (C.26:2H-12.7 et seq.) or a nursing home resident pursuant to P.L.
1976, c.120 (C.30:13-1 et seq.);
k. advance directives for health care and designation as a health care representative pursuant to P.L.1991, c.201 (C.26:2H-53 et
seq.);
l. family leave benefits pursuant to P.L.1989, c.261 (C.34:11B-1 et seq.);
m. public assistance benefits under State law, including, but not limited to: Work First New Jersey benefits pursuant to P.L.1997, c.
38 (C.44:10-55 et seq.); medical assistance pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.); Supplemental Security Income
pursuant to P.L.1973, c.256 (C.44:7-85 et seq.); pharmaceutical assistance pursuant to P.L.1975, c.194 (C.30:4D-20 et seq.) and
Page 3 of 44
P.L.2001, c.96 (C.30:4D-43 et seq.); hearing aid assistance pursuant to P.L.1987, c.298 (C.30:4D-36 et seq.); and utility benefits
pursuant to P.L.1979, c.197 (C.48:2-29.15 et seq.) and P.L.1981, c.210 (C.48:2-29.30 et seq.);
n. laws relating to taxes imposed by the State or a municipality 1[other than estate taxes,]1 including but not limited to homestead
rebate tax allowances, tax deductions based on marital status or exemptions from realty transfer tax based on marital status;
o. laws relating to immunity from compelled testimony and the marital communication privilege;
p. the home ownership rights of a surviving spouse;
q. the right of a spouse to a surname change without petitioning the court;
r. laws relating to the making of, revoking and objecting to anatomical gifts pursuant to P.L.1969, c.161 (C.
26:6-57 et seq.);
s. State pay for military service;
t. application for absentee ballots;
u. legal requirements for assignment of wages; and
v. laws related to tuition assistance for higher education for surviving spouses or children.
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