What Is A Civil Union?
What Is A Civil Union?
By Erica L. Johnson A civil union means a relationship established by two eligible persons, male or female, that entitles them to receive the benefits and protections of spouses, as well as gives them the responsibilities of spouses. The one right that is not included for Colorado Civil Unions is the right to file their state income taxes jointly. If a same-sex couple entered into a marriage in another state, or have established a substantially similar legal relationship in another jurisdiction, they will be considered to be in a civil union in Colorado. However, this does not mean that another state has to recognize a Colorado civil union. What rights will you get if you enter into a Civil Union in Colorado? Some rights include:- Right to acquire, hold, or transfer real or personal property as Joint Tenant or Tenant in Common.
- Right to be designated as a beneficiary of a Trust
- Right to be a beneficiary in life insurance, retirement, and/or pension plans
- Right to get health insurance from your partner’s employer if they offer such benefits to spouses
- Priority for appointment as Conservator, Guardian, and/or Personal Representative
- Right to visitation in the hospital, nursing home, hospice, etc.
- Right to initiate nursing home complaints
- Right to be an ‘interested party’ for determining a medical proxy decision maker
- Right to challenge a Living Will
- Right to make anatomical gifts
- Right to inherit through intestate (no will or trust left) succession
- Right to direct disposition of last remains
- Right to have standing to receive benefits under Workers’ Compensation Act
- Right to have standing to sue for wrongful death
- Right to designate a party to a civil union as a beneficiary under the state public employee’s retirement system
- Right to group benefit plans for state employees
- Survivor benefits under local government firefighter/police pensions
- Right to apply for compensation as a relative of a victim under the Colorado Crime Victim Compensation Act
- Right to receive restitution
- Right to be informed of critical stages of the criminal justice process
- Right to visit partner in a correctional facility, jail (hopefully you won’t need this!), public hospital, etc.
- Cannot be forced to testify against your partner (or this!)
- Right to apply for emergency or involuntary commitment of a party to a civil union
- No social security spousal benefits
- No unlimited estate tax transfer
- No unlimited gifting between partners
- Military benefits
- ERISA – governs certain retirement accounts
- COBRA – governs health insurance coverage
- Anything else federal – i.e. Medicare
- Medicaid is not clear yet as it is both a state and federal agency
- No right to file tax returns jointly, even state returns