Is Ending a Civil Union the Same as Divorce in Illinois?

 Posted on November 10, 2026 in Divorce

Ending a civil union raises many of the same concerns as ending a marriage. You need to know how to separate your finances and whether support will be available after the relationship ends.

Illinois uses many of the same rules for civil union dissolution and divorce. However, civil unions do not receive the same treatment under every federal law. If you are considering ending a civil union in 2026, our Rolling Meadows, IL family law attorneys will explain the process and help you prepare.

Do You Need a Court Order to End an Illinois Civil Union?

If you want to dissolve your Illinois civil union and end the legal relationship, you need a court judgment. However, you can also convert a civil union into a marriage without going through dissolution proceedings. Moving apart or signing a private separation agreement does not dissolve the relationship.

Under 750 ILCS 75/45, civil union dissolution follows the grounds and procedures that Illinois uses for divorce. You do not need to prove that your partner committed misconduct. The case addresses whether irreconcilable differences have caused the relationship to break down beyond repair.

The process begins with a petition and legally valid notice to your partner. You then resolve the issues through an agreement or ask the judge to decide disputed terms. Even when both partners agree on everything, a judge must enter the final judgment. Illinois’s statewide court forms cover both marriage and civil union dissolution.

Is Property Divided the Same Way When an Illinois Civil Union Ends?

Illinois gives civil union partners the same state-law property rights and duties as spouses. That means ending a civil union requires more than deciding whose name appears on each account.

The court identifies which assets and debts belong in the shared estate. Property acquired during the civil union falls under the marital property rules, subject to exceptions such as gifts and inheritances. The court also reviews property owned before the union.

Illinois requires a fair division, rather than an automatic equal split. The judge considers each partner’s financial circumstances and contributions to the relationship. One partner earning most of the income does not erase the other partner’s contributions at home.

Can You Receive Maintenance After an Illinois Civil Union?

Maintenance, often called alimony, is available when an Illinois civil union ends. Under 750 ILCS 5/504, the court applies the maintenance rules used in divorce.

Support is not automatic. The judge first considers whether an award is appropriate. Relevant factors include:

• Each partner’s income and property
• Each partner’s reasonable financial needs
• Their ability to earn income
• The length of the civil union
• Career opportunities lost while caring for the family
• The standard of living during the relationship

For example, a partner who left work to raise children presents different financial needs from someone who remained employed. The court considers those circumstances before deciding support.

If maintenance is awarded, the amount and duration must follow the applicable rules. A difference in income alone does not establish exactly what either partner will pay or receive.

How Are Parenting Issues Handled When a Civil Union Ends in Illinois?

When both partners are the child’s legal parents, the court addresses parenting responsibilities and parenting time under Illinois family law. The child’s best interests guide those decisions. Child support also follows the rules that apply when parents divorce.

Legal parentage should be examined before assuming that either partner lacks parental rights. Illinois recognizes a parentage presumption when a child is born during a civil union. Adoption and qualifying assisted reproduction arrangements also establish legal parent-child relationships.

Bring any adoption judgments or parentage documents to your attorney. Those records help establish which parenting issues belong in the dissolution case.

What Is Different About Federal Taxes for Civil Union Partners?

The IRS does not recognize a civil union as a marriage. If you have not married your partner, you cannot file a joint federal tax return together based on your civil union.

Unlike divorce, ending a civil union does not change your federal tax status from married to unmarried. You were already treated as unmarried under federal tax rules.

Illinois requires civil union partners to use the same filing status on their state return as on their federal return. Before signing a settlement, review the tax effects with your attorney and a tax professional. Do not assume that tax rules for divorcing spouses also apply to your civil union.

Contact a Rolling Meadows, IL Civil Union Dissolution Lawyer

A civil union dissolution deserves the same careful planning as a divorce. At Cosley Law Office, our attorneys will help you resolve financial disputes and work toward clear terms for your future.

Attorney Don Cosley personally handles all aspects of his cases. When you call with questions, you speak directly with him. Contact our Arlington Heights, IL family law attorneys or call 847-253-3100 to schedule a free consultation.