Health Insurance: Common-Law Spouses And Their Coverage

In the US, common-law marriage allows persons who live together as man and wife for a sufficient time and with the intent of having an exclusive relationship similar to a marriage to have the legal rights of formally married persons. This means that common-law spouses are eligible to be added to their partner's health insurance plan. However, as state laws vary on the criteria for a common-law marriage, employers should check or seek legal advice on specific provisions and requirements of the state in which they operate regarding common-law marriage recognition.

Common-law spouses are generally not excluded from health and welfare plans

However, a self-insured plan may choose to exclude parties to a common-law marriage from its definition of a spouse. Some employers or insurers require a signed affidavit from an employee to recognise the common-law marriage before enrolling a common-law spouse on the health plan. Employers may also require proof of the common-law marriage with evidence such as joint tax returns, checking accounts, mortgages or leases, or other requirements specified under the state law that recognises common-law marriage.

State laws vary on the criteria for a common-law marriage, so employers should check or seek legal advice on specific provisions and requirements of the state in which they operate regarding common-law marriage recognition. Under a common-law marriage, children have a presumption of legitimacy and would be considered dependents eligible for health coverage.

Common-law marriage must be recognised by the state in which it was established

In the US, common-law marriage must be recognised by the state in which it was established. Insurers are subject to state regulation and must adhere to the definition of "spouse" established and accepted by the state. All states recognise a valid common-law marriage, so the deciding factor in recognising a common-law marriage for health insurance purposes is the state in which the marriage was established.

Some employers or insurers require a signed affidavit from an employee to recognise the common-law marriage before enrolling a common-law spouse on the health plan. Employers may also require proof of the common-law marriage with evidence such as joint tax returns, checking accounts, mortgage or lease, or other requirements specified under the state law that recognises common-law marriage.

Under a common-law marriage, children have a presumption of legitimacy and would be considered dependents eligible for health coverage. Once a common-law marriage is established, it must be recognised even in states that do not recognise a common-law marriage.

Employers may require proof of common-law marriage before enrolling a spouse on a health plan

While employers that sponsor insured health and welfare plans generally cannot exclude common-law spouses from those plans, they may require proof of common-law marriage before enrolling a spouse on a health plan. Insurers are subject to state regulation and must adhere to the definition of “spouse” established and accepted by the state. Because all states recognise a valid common-law marriage, the deciding factor in recognising a common-law marriage for enrolment in health and welfare plans is the state in which the common-law marriage was established.

Some employers or insurers require a signed affidavit from an employee to recognise the common-law marriage before enrolling a common-law spouse on the health plan. Employers may also require proof of the common-law marriage with evidence such as joint tax returns, checking accounts, mortgage or lease, or other requirements specified under the state law that recognises common-law marriage. As state laws vary on the criteria for a common-law marriage, employers should check or seek legal advice on specific provisions and requirements of the state in which they operate regarding common-law marriage recognition.

Under a common-law marriage, children have a presumption of legitimacy and would be considered dependents eligible for health coverage. Under the Patient Protection and Affordable Care Act, or PPACA, a covered employer does not have to offer spousal coverage but does have to cover eligible dependent children to avoid penalties. A common-law marriage allows persons who live together as man and wife for a sufficient time and with the intent of having an exclusive relationship similar to a marriage to have the legal rights of formally married persons. Once a common-law marriage is established, it must be recognised even in states that do not recognise a common-law marriage.

Children of common-law marriages are considered dependents eligible for health coverage

In the US, employers that sponsor insured health and welfare plans cannot exclude common-law spouses from those plans. Insurers are subject to state regulation and must adhere to the definition of 'spouse' established and accepted by the state. All states recognise a valid common-law marriage, so where the insurance contract or policy is written or issued doesn't matter. Nor does it matter where the plan sponsor is located, or where the employee and common-law spouse reside. The deciding factor in recognising a common-law marriage for enrollment in health and welfare plans is the state in which the common-law marriage was established. A self-insured plan may choose to exclude parties to a common-law marriage from its definition of spouse.

Some employers or insurers require a signed affidavit from an employee to recognise the common-law marriage before enrolling a common-law spouse on the health plan. Employers may also require proof of the common-law marriage with evidence such as joint tax returns, checking accounts, mortgage or lease, or other requirements specified under the state law that recognises common-law marriage. State laws vary on the criteria for a common-law marriage, so employers should check or seek legal advice on specific provisions and requirements of the state in which they operate regarding common-law marriage recognition.

State laws vary on the criteria for common-law marriage

The states that still have common-law marriages are Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, Utah and the District of Columbia. However, there are nuances for many of these states. For example, Oklahoma has contradicting laws, and New Hampshire only recognises common-law marriage for inheritance purposes. In New Hampshire, a cohabiting couple will be considered legally married until one dies if they acknowledge each other as married and are viewed as such by their community for three years.

In the District of Columbia, the parties must have lived together for a significant amount of time, although no specific period is specified. In Iowa, the law states 'continuous cohabitation' and explains this means the consummation of the relationship. In Colorado, Iowa, Rhode Island, and Texas, the law requires couples to present themselves publicly as spouses. Colorado more specifically requires that the couple publicly declare themselves married and that their community reputation reflects a belief that they are married. In Rhode Island, there is a further requirement to refer to one another as husband and wife and make a public declaration of your intended marital status.

In terms of health insurance, employers that sponsor insured health and welfare plans generally cannot exclude common-law spouses from those plans. Insurers are subject to state regulation and must adhere to the definition of 'spouse' established and accepted by the state. Because all states recognise a valid common-law marriage, where the insurance contract or policy is written or issued doesn't matter. Nor does it matter where the plan sponsor is located, or where the employee and common-law spouse reside. The deciding factor in recognising a common-law marriage for enrollment in health and welfare plans is the state in which the common-law marriage was established. A self-insured plan may choose to exclude parties to a common-law marriage from its definition of spouse. Some employers or insurers require a signed affidavit from an employee to recognise the common-law marriage before enrolling a common-law spouse on the health plan. Employers may also require proof of the common-law marriage with evidence such as joint tax returns, checking accounts, mortgage or lease, or other requirements specified under the state law that recognises common-law marriage.

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