Arizona does not recognize civil unions in Arizona, and it never has. The state offers no civil union or statewide domestic partnership status, and it does not treat civil unions performed in other states as the legal equivalent of marriage. Since marriage has been available to every couple in Arizona following the October 2014 federal ruling that struck down the state’s same-sex marriage ban and the Supreme Court’s 2015 Obergefell v. Hodges decision, marriage is the only path to a full set of automatic legal protections for a couple in this state.1SCOTUSblog. Arizona Same-Sex Marriage Ban Falls
Why Arizona Has No Civil Union Status
Arizona has never enacted a civil union statute. The Social Security Administration’s state reference confirms that Arizona “does not provide for the statewide recognition of civil unions or domestic partnerships.”2Social Security Administration. SSA POMS PR 02712.004 – Arizona Many states that created civil unions did so as a halfway measure for same-sex couples before marriage was available. Arizona skipped that step, and once Obergefell required every state to issue and recognize same-sex marriages, the practical demand for a separate status disappeared.
Couples who entered a civil union elsewhere and then moved to Arizona face a specific problem. Arizona has no law recognizing out-of-state civil unions or domestic partnerships. The SSA puts it plainly: “Arizona has no legal authority providing for the recognition of a civil union or domestic partnership from other jurisdictions.”2Social Security Administration. SSA POMS PR 02712.004 – Arizona Arizona’s statute on out-of-state relationships speaks only to marriage: “Marriages valid by the laws of the place where contracted are valid in this state.”3Arizona Legislature. Arizona Code 25-112 – Marriages Contracted in Another State A civil union is not a marriage under Arizona law, so that provision does not reach it.
Neither Obergefell nor the federal Respect for Marriage Act closes that gap. Both address marriages. The Respect for Marriage Act, signed in 2022, prohibits states from denying recognition to out-of-state marriages based on sex, race, ethnicity, or national origin, but it does not require any state to treat a civil union as a marriage.4Congress.gov. H.R.8404 – Respect for Marriage Act A couple arriving in Arizona with an Illinois or Colorado civil union has, at the state level, no spousal inheritance rights, no community property protection, and no automatic medical decision-making authority.
What Marriage Protects That Civil Unions Here Would Not
Understanding the gap starts with knowing what marriage automatically provides in Arizona, because none of it attaches to an unmarried couple or to a civil union partner living here.
Property and Inheritance
Arizona is a community property state. Property acquired by either spouse during marriage belongs to both, with limited exceptions for individual gifts and inheritances.5Arizona Legislature. Arizona Code 25-211 – Property Acquired During Marriage as Community Property At divorce, a court divides community property “equitably, though not necessarily in kind,” meaning the split is often but not automatically equal.6Arizona Legislature. Arizona Code 25-318 – Disposition of Property
If a spouse dies without a will, Arizona’s intestacy statute passes the estate to the surviving spouse, with adjustments when the deceased had children from another relationship.7Arizona Legislature. Arizona Code 14-2102 – Intestate Share of Surviving Spouse An unmarried partner, including a civil union partner, inherits nothing under those rules no matter how long the relationship lasted.
Medical Decisions
When a married person cannot communicate health care decisions, Arizona law puts the spouse first in line as surrogate, ahead of adult children, parents, and other relatives, with legal separation as the only exception.8Arizona Legislature. Arizona Revised Statutes 36-3231 – Surrogate Decision Makers A partner without a marriage certificate has no automatic standing and can be shut out by blood relatives at the worst possible moment.
Federal Benefits Civil Union Partners Lose
Even in states that still offer civil unions, federal agencies generally treat the status as something less than marriage. These gaps follow a couple into Arizona too.
Taxes
The IRS does not allow civil union partners or registered domestic partners to file as married. Its position: “Registered domestic partners are not married under state law. Therefore, these taxpayers are not married for federal tax purposes.”9Internal Revenue Service. Answers to Frequently Asked Questions for Registered Domestic Partners and Individuals in Civil Unions Each partner files as single or, if eligible, head of household.
The unlimited marital deduction, which lets spouses transfer assets to each other without triggering gift or estate tax, also does not apply. The IRS excludes individuals in civil unions and domestic partnerships from the definitions of “spouse” and “marriage” for gift tax purposes.10Internal Revenue Service. Frequently Asked Questions on Gift Taxes Transfers between unmarried partners above the annual exclusion of $19,000 per recipient in 2026 require a gift tax return and count against the lifetime exemption.11Internal Revenue Service. What’s New – Estate and Gift Tax
Family and Medical Leave
The Family and Medical Leave Act defines “spouse” by reference to state marriage law. The Department of Labor states: “Individuals in civil unions and domestic partnerships are not considered spouses under the FMLA.”12U.S. Department of Labor. Fact Sheet 28L – Leave Under the Family and Medical Leave Act A civil union partner cannot take federally protected leave to care for a seriously ill partner.
Social Security
The Social Security Administration recognizes same-sex marriages in every state and some non-marital legal relationships, including some civil unions and domestic partnerships. A surviving partner may qualify for survivor benefits if they can show they would have been married at the time of their partner’s death but for unconstitutional state laws that blocked them.13Social Security Administration. What Same-Sex Couples Need to Know That is a narrow pre-Obergefell exception evaluated case by case, not a general entitlement. Anyone who may qualify should contact SSA directly, since the survivor application is not available online.
City Domestic Partner Registries Are Narrow
A few Arizona cities maintain voluntary domestic partner registries, but they are nothing like marriage. Phoenix offers registration for unmarried people living within city limits who share a primary residence and are not married to anyone else, for a $50 fee.14City of Phoenix. Domestic Partnership Registration The sole legal benefit is hospital visitation at health care facilities within the city.15City of Phoenix. Domestic Partnership FAQs Flagstaff has a comparable registry.16Code Publishing Company. Flagstaff City Code – Chapter 14-01 Domestic Partnership Registry Neither registry confers property rights, inheritance rights, tax benefits, or decision-making authority. They are not a substitute for marriage or for private legal documents.
Private Legal Alternatives for Unmarried Couples
Couples who do not want to marry can replicate some of what marriage provides, but it takes separate documents and costs more than doing nothing.
Cohabitation Agreement
A cohabitation agreement is a contract between unmarried partners that spells out how property, assets, and debts will be handled during the relationship and divided if it ends. Arizona courts enforce written contracts between cohabiting partners when both parties sign voluntarily, the terms are clear, and the agreement is not unconscionable. Notarization adds protection against later disputes about authenticity.
Estate Planning Documents
Because Arizona’s intestacy statute passes property only to spouses and blood relatives, an unmarried partner inherits nothing unless named in a will.7Arizona Legislature. Arizona Code 14-2102 – Intestate Share of Surviving Spouse A basic package should include:
- A last will and testament naming your partner as a beneficiary. Without one, the estate goes to your closest relatives by default.
- A durable power of attorney authorizing your partner to manage finances if you become incapacitated. Without it, your partner has no legal access to your accounts.
- A health care power of attorney naming your partner as medical decision-maker. Without it, Arizona’s surrogate statute puts adult children and parents ahead of an unmarried partner.8Arizona Legislature. Arizona Revised Statutes 36-3231 – Surrogate Decision Makers
- Updated beneficiary designations on life insurance, retirement accounts, and payable-on-death bank accounts. These pass directly to the named beneficiary regardless of what the will says.
Attorney fees for a basic estate plan range from several hundred to a couple thousand dollars depending on complexity. The cost of not having these documents can be much higher if a family member challenges your partner’s role during a medical crisis.
Marrying in Arizona or Recognizing a Marriage from Elsewhere
For most couples who want the full set of protections, marriage is the simplest option. Both partners must be at least 18, provide valid identification and proof of age, and apply for a marriage license through the clerk of the superior court in any Arizona county. There is no blood test and no mandatory waiting period. The license fee is $98.17Arizona Judicial Branch. Superior Court Filing Fees A previously married partner needs a copy of the divorce decree.
Couples married in another state do not need to remarry; Arizona recognizes any marriage valid where it was performed.3Arizona Legislature. Arizona Code 25-112 – Marriages Contracted in Another State Couples who hold a civil union from another state and want legal recognition in Arizona should seriously consider marrying, in Arizona or anywhere else, because that is the only reliable way to secure state and federal protections while living here.
Ending an Out-of-State Civil Union
Because Arizona does not recognize civil unions, its courts generally cannot dissolve one through a standard divorce proceeding. A couple who needs to end a civil union may have to file in the state that created it, meeting that state’s residency requirements. Illinois, for example, requires at least 90 days of residency before a petition to dissolve a civil union can be filed. When neither partner still lives in the originating state, converting the civil union to a marriage and then filing for divorce in Arizona is often the most practical route.