Limited research has examined how same-sex couples report their marital status, especially when broken out by those who report themselves as spouses versus unmarried partners. In this paper I expand on prior qualitative research by Bates, DeMaio, Robins, and Hicks (2010), who found that unless same-sex couples were legally married, they were more likely to chose a marital status of something other than “now married”. Mills and Poortman (2010) found that 67 percent of same-sex couples in Europe chose “now married” even if they lived in a country that did not recognize same-sex marriage. Using the 2010 ACS, my findings show that 24 percent of all same-sex couples chose “now married” in the United States. When broken out by response to the relationship item, almost 80 percent of those reported as spouse chose “now married” compared to 3 percent of those reported as unmarried partner. Forty-one percent of all same-sex couples living in states that perform same-sex marriage reported as married. Only 21 percent of those living in states with no legal recognition reported themselves as married. Almost 88 percent of those households reported as spouses had at least one own child present as compared to close to 82 percent in households reported as unmarried partners. In logistic regression models the presence of own children was strongly associated with whether couples reported as married. Same-sex couples with children present were more likely to report being “now married.”