A Vermont civil union entered between 2000 and 2009 is still legally valid today, gives you the same state-level rights as a married couple inside Vermont, and can either be converted to a marriage or formally dissolved through the Family Division of the Superior Court. Vermont stopped issuing new civil union licenses on September 1, 2009, when same-sex marriage became legal in the state, but the 2009 law did not automatically convert or invalidate existing unions.1Social Security Administration. PR 02707.050 Vermont If you’re still in one, the practical question is whether to leave it in place, upgrade to a marriage, or end it.
What Your Civil Union Still Gives You in Vermont
Within Vermont, civil union partners hold essentially the same legal position as married spouses. Under 15 V.S.A. § 1204, partners receive “all the same benefits, protections, and responsibilities under law” as married couples, whether those rights come from statute, court rules, or common law. Wherever Vermont law uses terms like “spouse,” “family,” “immediate family,” or “next of kin,” those terms include civil union partners.2Vermont General Assembly. Vermont Code 15 – Chapter 23: Civil Unions
In practice, that parity reaches:
- Real estate held as tenants by the entirety, with rights of survivorship.
- Intestate inheritance on the same terms as a surviving spouse.
- Vermont state income tax filing on the same statuses available to married couples.
- Hospital visitation and medical decision-making under the Patient’s Bill of Rights and Vermont’s advance directive statutes.
- Coverage under Vermont’s family leave law (21 V.S.A. chapter 5, subchapter 4A).
- The same support obligations, property division, and maintenance rules if the relationship ends.
Where a Civil Union Falls Short
The gaps show up as soon as you leave Vermont or deal with a federal agency. The Supreme Court’s 2013 Windsor decision and 2015 Obergefell ruling reshaped federal treatment of same-sex couples, but both applied to marriages. Civil unions were not covered.
Federal Taxes
The IRS does not recognize civil unions. Partners cannot file a joint federal return or use the “married filing separately” status; each partner files individually as single or, if eligible, head of household.3Internal Revenue Service. Answers to Frequently Asked Questions for Registered Domestic Partners and Individuals in Civil Unions Because Vermont still requires civil union partners to file state returns as if married, you end up running two different filing frameworks every year.
Social Security
Spousal and survivor benefits generally require a legal marriage. The Social Security Administration has said that some individuals in civil unions “may qualify” for spousal or survivor benefits if they meet certain requirements, and encourages those who believe they are eligible to apply.4Social Security Administration. Do I Qualify for Benefits as a Spouse if I Am Now in, or the Surviving Spouse of, a Civil Union, Domestic Partnership, or Other Non-Marital Legal Relationship The guidance stops short of guaranteeing eligibility. Converting to marriage removes the ambiguity.
Family and Medical Leave
The federal Family and Medical Leave Act defines “spouse” as a husband or wife recognized under state marriage law. The Department of Labor has stated that individuals in civil unions “are not considered spouses under the FMLA.”5U.S. Department of Labor. Fact Sheet 28L – Leave Under the Family and Medical Leave Act for Spouses Vermont’s own family leave law does cover civil union partners, but only for Vermont employers.
Immigration and Retirement Plans
Federal immigration law recognizes only marriages for spouse-based visa petitions, so a civil union partner cannot sponsor their partner for a green card. Dividing an ERISA-governed retirement account (a 401(k) or private pension) through a Qualified Domestic Relations Order is legally uncertain for civil unions, since ERISA uses the federal definition of spouse rather than state law definitions.
Interstate Recognition
After Obergefell, every state must recognize a same-sex marriage performed anywhere. That ruling addressed marriages, not civil unions. No federal decision requires states to recognize a Vermont civil union, and many states have no legal framework for civil unions at all. If you live outside Vermont and face a medical emergency, a property dispute, or a probate proceeding, your civil union may carry no weight where you actually need it. For couples who live outside Vermont or travel often, this portability gap is often the strongest reason to convert.
Converting Your Civil Union to a Marriage
Converting is straightforward and does not require dissolving the civil union first. You and your partner apply for a marriage license from any Vermont town clerk. Vermont has no residency requirement for a marriage license, so couples who have moved out of state can return to Vermont for the ceremony.6Vermont General Assembly. Vermont Code 18 – Chapter 105: Marriage The license fee is $80, and a certified copy of the marriage certificate costs an additional $10 if requested at the time of purchase.7Vermont Department of Health. Getting Married in Vermont FAQs
After the ceremony is performed by an authorized officiant, the signed license goes back to the town clerk for recording. Once recorded, the marriage supersedes the civil union. Your marriage date will be the date of the new ceremony, but the underlying rights you held during the civil union period, including property interests, inheritance rights, and support obligations, remain intact. You then gain access to the federal benefits and interstate recognition a civil union cannot provide.
Dissolving Your Civil Union
If you want to end the relationship rather than convert it, dissolution follows the same rules as a Vermont divorce. The Family Division of the Superior Court has jurisdiction over all civil union dissolutions.8Vermont General Assembly. Vermont Code 15-1206 – Dissolution of Civil Unions
Residency
At least one partner must have lived in Vermont continuously for six months before either partner can file. To receive a final dissolution order, at least one partner must have been a Vermont resident for a full year.9Vermont Judiciary. Civil Union and Dissolution
Filing the Complaint
The primary document is a Complaint for Dissolution (Summons and Complaint form), filed with the Family Division. For a stipulated dissolution where both parties agree on the terms, you can file in a county where either partner lives.10Vermont Judiciary. Stipulated Divorce or Civil Union Dissolution The complaint must include a Department of Health dissolution record form, a notice of appearance, and an acceptance of service signed by the other partner.
Filing Fees
- Stipulated dissolution, one or both partners are Vermont residents: $90.
- Stipulated dissolution, neither partner is a resident: $180.
- Contested dissolution (no agreement): $295.
These fees are set by statute and paid to the court clerk at filing.11Vermont General Assembly. Vermont Code 32-1431 – Fees in Supreme and Superior Courts
Service and the 90-Day Waiting Period
After filing, the petitioner notifies the other partner through formal service of process, typically by a process server or certified mail. Once the court grants the dissolution, a 90-day waiting period (the “nisi period”) begins before the decree becomes final.12Vermont General Assembly. Vermont Code 15-554 – Decrees Nisi The court has discretion to shorten it. During the nisi period, the partners remain legally joined. At the end of 90 days, the dissolution takes effect automatically with no further action required.13Vermont Judiciary. Divorce Process
If You No Longer Live in Vermont
Many states have no mechanism to dissolve a Vermont civil union, which can leave couples stuck in a legal relationship they cannot end without returning to Vermont. The legislature created a special non-resident dissolution process under 15 V.S.A. § 1206(b).8Vermont General Assembly. Vermont Code 15-1206 – Dissolution of Civil Unions You can file in the county where the original civil union certificate was filed, but only if all of the following are true:
- The civil union was established in Vermont.
- Neither partner’s current state of residence recognizes the civil union for purposes of dissolution.
- There are no minor children born or adopted during the civil union.
- Both partners file a joint stipulation resolving all issues, including property, debts, and support, both sign it, and both acknowledge they have exchanged complete financial information.
If you meet all four conditions, the court will typically waive the in-person hearing and handle any necessary proceedings by telephone. If you have minor children, or if you and your partner cannot agree on terms, at least one of you must establish Vermont residency for six months before filing a contested dissolution. That is a high barrier, and it is another reason couples who have moved away often choose to convert to marriage first: a marriage can be dissolved wherever they currently live.