Connecticut Lesbian and Gay Rights Attorney
Connecticut Civil Union Attorney
Law Offices of Irene C. Olszewski, LLC
What is Civil Union?The State of Connecticut enacted "An Act Concerning Civil Union" (Public Act 05-10) which went into effect on October 1, 2005. In a nutshell, the Act enables two people of the same sex to enter into a legally recognized relationship status known as "civil union". A gay or lesbian couple entering into civil union will be entitled to same state rights, benefits and responsibilities currently available to heterosexual married couples in Connecticut.
Is Civil Union the Legal Equivalent of Heterosexual
Marriage?NO! There are some key differences between marriage and civil union. The following comparison is by no means complete and same-sex couples contemplating civil union are wise to understand all of the differences prior to entering into a civil union:
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Heterosexual Marriage |
Civil Union |
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Heterosexual marriage is portable. This means that a heterosexual couple's marriage is recognized by all 50 states. In other words, a couple entering into marriage in the State of Connecticut is still considered to be married if they move to or visit another state. |
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Civil Union is not portable, meaning that it is not recognized by any other state, unless that state's laws specifically provide for the recognition of civil union. In other words, if a couple who enters civil union in Connecticut moves to or visits another state, their civil union (legal relationship) is not valid and is not recognized. In short, the couple's civil union will be ignored by every other state (unless that state recognizes civil unions), as if it had never taken place. The couple will not be entitled to the rights, benefits, protections or responsibilities of their heterosexual married counterparts in any other state (unless that state recognizes civil unions). |
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Heterosexual married couples enjoy all of the rights, benefits, protections and responsibilities offered by the federal government, including spousal veterans benefits, spousal social security benefits, and federal tax benefits. |
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Same-sex couples entering into civil union are not recognized by the federal government and do not enjoy any rights, benefits, protections or responsibilities offered by the federal government to their heterosexual married counterparts. For example, a same sex couple who have entered into civil union cannot file a joint federal return nor can they collect their partner's social security or veteran's survivor benefits. |
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Heterosexual marriage can be dissolved by the court of any state. (Certain requirements apply). |
Is Civil Union for every same-sex couple?NO! Civil Union is not for every same-sex couple. Just as not every heterosexual couple should to enter into marriage, not every lesbian or gay couple should enter into civil union. Although there are numerous rights, benefits and protections under civil union, there are also numerous legal responsibilities. In addition, the status of civil union may change some important aspects of your life. For example, if you are:
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In the military |
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planning to adopt a child |
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receiving specific entitlement benefits |
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planning to move to another state |
...civil union may not be right for you. It is prudent to consult a licensed attorney prior to entering into civil union -- especially if you fall into any of the above categories. A Connecticut gay and lesbian rights attorney at the Law Office of Irene C. Olszewski, LLC is available to answer your questions.
If we choose to enter into civil union in Connecticut and
later choose to terminate our relationship, can we do so in any
state?NO! As already discussed above, civil union is a legal status and as such, it cannot be dissolved without a court decree. Similar to heterosexual divorce, same-sex couples wishing to terminate a civil union must file for a dissolution of that civil union. Only a state that recognizes civil union can issue a decree of dissolution (provided certain requirements, such as residency, are met). Merely choosing to terminate your relationship does not free you from the legal obligations that civil union imposes upon you and your partner. By contrast, heterosexual marriage is recognized by all 50 states and provided the appropriate requirements are met, such marriages may be dissolved by any state's court.
If I wish to dissolve my civil union, is there a
possibility I might be obligated to pay alimony or child support?YES! Depending upon your individual circumstances, you and your partner will face the same court-ordered obligations that your heterosexual married counterparts face in the State of Connecticut. Child support and alimony are among those obligations that may come into play upon dissolution of your civil union. There are also a variety of others.
Why should my partner and I consider executing a
Pre-Civil Union Agreement?Recall that civil union is a legal status that cannot be dissolved (terminated) without a court decree. By virtue of entering into a civil union, your assets may no longer necessarily be classified as your own personal assets and your partner may have a legal claim to some or all of those assets. A Pre-Civil Union Agreement functions in much the same way as a heterosexual couple's Pre-Nuptial Agreement, in that it may provide for the distribution of specific assets upon dissolution. For example, the way your primary residence is distributed among you and your partner upon dissolution of your civil union might be addressed in advance. There are a variety of scenarios and issues that should be considered with respect to your individual and joint assets. You should consult a licensed attorney to discuss the specifics of a Pre-Civil Union Agreement before you enter into civil union. A Connecticut gay and lesbian rights attorney at the Law Office of Irene C. Olszewski, LLC is available to answer your questions.
My partner and I already agree on how our assets should
be divided if we choose to dissolve our Civil Union. We don't need a
Pre-Civil Union Agreement, right?WRONG! It is important to remember that when relationships dissolve, especially under difficult emotional circumstances (such as one of the parties engaging in an affair), rational decision-making is often compromised. The existence of a legal document stating how assets will be divided is prudent to execute before such an event occurs -- while you both agree on the distribution. Executing such an agreement may save you large sums of money in legal expenses after the fact. Many couples optimistically believe that they have no need for such an agreement because they have already discussed what they will do in the event of a break-up. But experience has shown that even the most well-intentioned couples do not behave as expected during such emotional times. The longer a couple has been together, the greater the likelihood that they will own a good deal of shared property and possessions. When a break-up occurs, it is often difficult to agree upon what belongs to whom. Planning in advance for the contingency of a break-up is both rational and practical. It is helpful to think of a Pre-Civil Union Agreement as an insurance policy of sorts. Just as you routinely insure your home against disasters such as fire and flood -- which you hope will never occur -- you should insure yourself against the possibility of a disastrous (and often untimely) break-up. Such an agreement is not required by law; it is your option to execute a Pre-Civil Union Agreement.
If we are entering into Civil
Union, are there other legal documents we should consider executing?YES! There are a variety of legal documents that may be appropriate for you and your partner to consider. Such documents are not necessarily exclusive to the lesbian/gay community, but there may be special provisions that your attorney will advise you to consider because of the need for extra caution. For example:
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Advance Directives (directions concerning Life Support) |
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Designation of a Conservator |
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Appointment of a Standby Guardian (if you have children) |
You should consult a licensed attorney to evaluate your personal needs and recommend the appropriate documents of protection.
For more information on Connecticut Civil Unions and your legal rights, contact a Connecticut lesbian and gay rights lawyer at the Law Offices of Irene C. Olszewski, LLC.
We have chosen NOT to enter into Civil Union. What
do we need to know from a legal standpoint?If you have chosen NOT to enter into civil union, there are still legal issues you should consider. For example, a Will or Trust document is still appropriate if you own property, have an extensive estate, or wish to direct how your estate is distributed upon your death. For those couples who do not choose to enter into civil union, but who still wish to protect themselves from various issues that may arise, there are still several legal documents that may be explored. Most notably, a domestic partnership agreement is still a valuable document that will offer individuals specific protections if a relationship dissolves (especially where real estate is involved).
Whether you are joined in civil union or not, Advance Directives (directions concerning life support measures) are still important to execute. And documents such as a Power of Attorney or Designation of a Conservator may also be in your best interest. You are advised to consult a licensed attorney, who can adequately evaluate your personal needs and draft the appropriate documents of protection. For more information on your legal rights, contact a Connecticut lesbian and gay rights lawyer at the Law Offices of Irene C. Olszewski, LLC.
Brochures & Pamphlets: (.pdf files requires Adobe®Reader®).
**Contact us for a complimentary copy of these brochures**
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Before You Enter Into Civil Union in Connecticut (.pdf) (the Law Offices of Irene C. Olszewski, LLC) (.pdf) |
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Connecticut Civil Unions (GLAD) |
Fact Sheets & Articles:
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Civil Unions In Connecticut (CT Judicial Branch Law Libraries) |
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Questions About Civil Unions Legislation (CT Office of Legislative Research) |
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Connecticut Department of Public Health (Information on Civil Union licenses & certificates) |
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Brochures & Pamphlets: (.pdf files requires Adobe®Reader®).
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Legal Documents for Same-Gender Couples & LGBT Individuals (.pdf) (the Law Offices of Irene C. Olszewski, LLC) |
**Contact us for a complimentary print copy of this brochure**
Fact Sheets & Articles:
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Same-Sex Couples -- Creating Legal Rights And Obligations Through Documents (CT Office of Legislative Research in 2003) |
For information on the legal documents described above, please click on the following links to explore a topic of interest:
Co-Parent & Step-Parent Adoptions for Lesbian and Gay Couples
Advance Directives & Other Documents for Lesbians and Gays
Power of Attorney for Lesbians and Gays
Other Websites of Interest
to the GLBTI community
The Law Offices of Irene C. Olszewski, LLC handles legal matters for GLBTI clients throughout the state of Connecticut including Hartford County, Tolland County, Middlesex County, New Haven County, New London County, Litchfield County, Windham County, and Fairfield County.
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Disclaimer: This website is for informational purposes only. It is not intended to be and should not be construed as legal advice. Use of this website and/or the information contained on this website is not intended to create an attorney-client relationship. All legal questions should be addressed to a licensed attorney.
Manchester, Connecticut Civil Union Lawyer
Connecticut Gay and Lesbian (GLBTI) Rights Lawyer
Law Offices of Irene C. Olszewski, LLC