Massachusetts does not recognize civil unions as a status you can enter here, because the state does not offer them at all. Since May 17, 2004, Massachusetts has issued marriage licenses to all couples, and marriage is the only formal relationship status available under state law. If you already hold a civil union from another state, Massachusetts treats it as the legal equivalent of a marriage. If you’re looking for the protections a civil union would provide, you’ll get them through a Massachusetts marriage, not a parallel status.
Why There Are No Civil Unions in Massachusetts
In November 2003, the Supreme Judicial Court held in Goodridge v. Department of Public Health that barring same-sex couples from civil marriage violated the Massachusetts Constitution.1Justia. Goodridge v. Department of Public Health The legislature then asked whether a civil union bill offering the same benefits as marriage, but under a different name, would satisfy the ruling. In February 2004, the court said no. The justices wrote that the difference between “civil marriage” and “civil union” reflected “a considered choice of language that reflects a demonstrable assigning of same-sex, largely homosexual, couples to second-class status,” and that “separate is seldom, if ever, equal.” The proposed civil union bill was unconstitutional, and the concept never entered Massachusetts law.
How Out-of-State Civil Unions Are Treated Here
If you entered a civil union in Vermont, New Jersey, or another jurisdiction and moved to Massachusetts, state law treats that union as the legal equivalent of a marriage. The Supreme Judicial Court established this in Elia-Warnken v. Elia, applying principles of comity, the courtesy states extend to each other’s marriages.2Connecticut General Assembly. OLR Backgrounder: Effect of Undissolved Civil Union on Subsequent Marriage – Section: Comity
Recognition cuts both ways. In Elia-Warnken, a man who entered a Vermont civil union later married someone else in Massachusetts without dissolving the civil union first. The court declared the second marriage void from the start, treating the undissolved civil union exactly as it would treat an existing marriage. The practical consequence: if you already have a civil union, Massachusetts considers you married for state purposes, and you cannot marry a different partner here without first ending that union.
Dissolving a civil union follows the same procedures as a divorce. You’ll need to have lived in Massachusetts for at least one year before filing, and a probate and family court judge handles the dissolution, dividing property and addressing support as in any marital split.
The Federal Gaps That Still Matter
Even though Massachusetts treats your out-of-state civil union as a marriage, the federal government does not. Several federal programs define “spouse” to include only married partners, and that distinction has real financial consequences.
Federal Tax Filing
The IRS does not allow civil union partners to file federal returns as married filing jointly or married filing separately. If your relationship is classified as a civil union rather than a marriage under state law, you must file as single or, if you qualify, as head of household.3Internal Revenue Service. Answers to Frequently Asked Questions for Registered Domestic Partners and Individuals in Civil Unions That can produce a notably higher tax bill than a married couple in the same bracket.
Social Security and FMLA
Social Security spousal and survivor benefits follow federal definitions of marriage, so a civil union may not qualify you for a deceased partner’s benefits. The Family and Medical Leave Act has the same gap. Federal regulations define “spouse” as a husband or wife recognized under the law of the state where the marriage took place, and civil union and domestic partners are explicitly excluded. You cannot take federally protected FMLA leave to care for a seriously ill partner if your relationship is a civil union rather than a marriage.4U.S. Department of Labor. Fact Sheet 28L: Leave under the Family and Medical Leave Act When You and Your Spouse Work for the Same Employer
Retirement and Employer Benefits
Employer-sponsored retirement plans governed by ERISA do not recognize civil union partners as spouses. You are not automatically entitled to the survivor annuities and other spousal protections built into pension and 401(k) plans; your partner would need to name you as a beneficiary. Employer health coverage carries a related tax problem. When a company covers an employee’s spouse, the employer’s premium contribution is tax-free; when it covers a civil union partner who does not qualify as a tax dependent, the employee owes income and payroll tax on the value of that coverage.
The simplest fix for all of these federal gaps, if you currently hold a civil union, is to marry in Massachusetts.
Local Domestic Partnerships Are Not a Substitute
A handful of Massachusetts cities maintain their own domestic partnership registries. Boston, Cambridge, and Somerville each allow couples to register for a $50 filing fee.5City of Cambridge, MA. Apply for a Domestic Partnership6City of Boston. How To File For A Domestic Partnership A domestic partnership is not a civil union and not a marriage. It carries no rights regarding state taxes, inheritance, or court-recognized legal protections, and its benefits are generally limited to what the specific municipality grants, such as city employee health coverage or hospital visitation within municipal facilities. A partnership registered in one city has no legal force once you move outside that city’s boundaries.
Getting Married in Massachusetts
Because marriage is the only in-state option, the practical question for most couples is how to obtain a license. Massachusetts has no residency requirement, so out-of-state and international couples can marry here.7Mass.gov. Getting Married in Massachusetts: Before the Wedding
Both partners appear together at any city or town clerk’s office in the state to file a Notice of Intention of Marriage. You’ll bring valid photo identification, your Social Security numbers, and payment for the filing fee, which varies by municipality and commonly falls around $40 to $50. Both parties must be at least 18; Massachusetts eliminated all exceptions to this requirement in 2022, and no court waiver is available for minors.8General Court of Massachusetts. Massachusetts General Laws Part II, Title III, Chapter 207, Section 7
After filing, a mandatory three-day waiting period applies before the license is issued.7Mass.gov. Getting Married in Massachusetts: Before the Wedding If you need to skip the wait, you can apply for a Marriage Without Delay waiver at the probate or district court in the town where you filed. The total cost is $195, which includes a $180 filing fee and a $15 surcharge.9Mass.gov. Instructions: Marriage Without Delay Court Form Once issued, the license is valid for 60 days.
An authorized officiant must solemnize the marriage, sign the license, and return it to the clerk’s office for recording. Clergy and Justices of the Peace both qualify; a Justice of the Peace can charge up to $100 for a ceremony in their home community, or up to $150 in another municipality.10Mass.gov. Summary of Duties for a Justice of the Peace – Section: Fees for the Solemnization of a Marriage If you want a friend or family member to officiate, Massachusetts offers a one-day marriage designation through the Secretary of the Commonwealth’s office for a $25 fee.11Mass.gov. One-Day Marriage Designation That option is available only to non-clergy individuals.