Common-Law Marriage: Federal Employee Spouse Coverage

Common-law marriages are valid in eight states and the District of Columbia, and they are considered lawful marriages under state and federal law. This means that common-law spouses are eligible for benefits under the Federal Employee Health Benefits (FEHB) Program, including health insurance coverage. However, employers often face challenges when determining employee benefits for common-law spouses, and they need to be clear on the rights and responsibilities of such spouses. Employees must also verify the eligibility of their covered family members to avoid fraud and improper payments.

Common-law marriage recognition

Recognition of common-law marriages varies across different US states. While some states continue to allow couples to establish common-law marriages, others have disallowed them. Common-law marriages are valid marriages formed by the couple's mutual agreement and public behaviour, without an official license and solemnization.

As of last year, South Carolina became the latest state to disallow common-law marriages, with the state Supreme Court abolishing the institution due to its "unpredictable and convoluted" outcomes. Despite this, eight states and the District of Columbia still recognize common-law marriages.

The recognition of common-law marriages has implications for employer benefits. Employers need to be clear on the rights and responsibilities of common-law spouses to properly administer employee benefit plans. For example, under the Health Insurance Portability and Accountability Act (HIPAA), an employee has the right to enroll a new spouse and dependent children for health coverage. Similarly, under the Family and Medical Leave Act (FMLA), a federal worker protection law, spouses working for the same employer may each use a total of 12 workweeks of FMLA leave in a leave year. This includes individuals in common-law marriages and married same-sex couples.

In the context of federal employee health benefits, a common-law spouse is eligible for FEHB coverage if the marriage was initiated in a state that recognizes such marriages. It is the responsibility of the enrollee to verify the eligibility of covered family members and to work with benefits specialists to remove any who become ineligible.

FEHB coverage eligibility

Federal employees can cover their spouse in a common-law marriage under the Federal Employee Health Benefits (FEHB) Program, but only if the marriage was established in a state that recognizes common-law marriages. If the common-law marriage was initiated in a state that does not recognize such marriages, it will not be considered a valid marriage for the purposes of FEHB coverage.

To add a common-law spouse to their FEHB enrollment, federal employees must provide documentation proving the validity of the marriage. This can include a court order or judgment recognizing the marriage, the employee's declaration, tax returns, or other proof of common residency. The employing office will review the documentation and determine whether the common-law spouse is eligible for coverage.

It is important to note that federal employees are responsible for verifying the eligibility of their covered family members, including spouses. Ineligible family members will not be removed automatically, and including an ineligible spouse on FEHB coverage can result in legal and financial penalties. Employees must notify their Servicing Human Resources Office (SHRO) or FEHB Carrier within 60 days of a family member becoming ineligible and work with them to remove that person from their coverage.

In addition to a spouse, federal employees can also cover their children under the age of 26 under the FEHB Program. This includes married children, although their spouse and children are not eligible for coverage. A disabled child over the age of 26 who is incapable of financially supporting themselves due to a physical or mental disability may also be eligible for FEHB coverage if the disability existed before the age of 26 and is expected to continue for at least a year. Foster children can be covered if the employee is the primary source of financial support and has a parent-child relationship with them, but approval from a benefits specialist is required to add them to the plan. Stepchildren are also eligible, but the birth certificate must list the employee's current spouse as a parent, and the employee must verify their spouse's eligibility even if they are not enrolled. Grandchildren are generally not eligible for coverage unless they meet the requirements to be considered a foster child as determined by a benefits specialist.

Employee benefits for common-law spouses

Common-law marriages are valid in eight US states and the District of Columbia. In these jurisdictions, a couple can establish a legally binding marriage without an official license or solemnization, provided there is a mutual agreement and public behaviour to support this. However, the recognition of common-law marriages varies across states, which can create complexities when it comes to employee benefits for common-law spouses.

Common-law marriages are considered lawful marriages under state and federal law, and as such, they generally confer the same rights and obligations as any legally recognised marriage. This includes entitlements under federal and state tax, estate, and property laws.

With regards to health insurance, under the Health Insurance Portability and Accountability Act (HIPAA), employees have the right to enrol their spouse in health coverage. Employers sponsoring health and welfare plans, including insured and self-insured plans, should ensure that their plan terms clearly outline what common-law marriage means in relation to spousal benefits. Excluding common-law spouses from insured health and welfare plans may not be permissible.

In the context of the Federal Employee Health Benefits (FEHB) Program, a common-law spouse is eligible for coverage, provided the marriage was initiated in a state that recognises such unions. However, it is important to note that once a divorce is finalised, the former spouse is no longer eligible for coverage, even if there is a court order requiring the employee to provide health insurance.

Additionally, under the Family and Medical Leave Act (FMLA), a federal worker protection law, common-law spouses are recognised as spouses. This means that if both spouses work for the same employer, they are entitled to share a total of 12 workweeks of FMLA leave in a leave year for qualifying exigencies, such as the birth of a child or the foreign deployment of a family member.

While common-law marriages can complicate employee benefit administration, employers should ensure they understand the rights and responsibilities of common-law spouses to provide proper benefits. Clear communication with employees about the requirements for spousal benefits is essential, and employers should seek legal counsel when considering exclusions or changes to their plans.

Rights and responsibilities of common-law spouses

Common-law marriage is a legal framework that recognises a couple as legally married even without the traditional marriage ceremonies or an official marriage license. While common-law marriages are not recognised in all states, some states in the US, such as Colorado, Iowa, Kansas, and Texas, do recognise this status and confer upon such couples the same rights and duties as those officially wedded.

The rights and responsibilities of common-law spouses are similar to those of traditionally married couples. These include:

• Healthcare benefits
• Hospital visitation rights
• The right to make emergency medical decisions
• Access to personal records
• Rights in property division upon separation
• Child custody rights
• Spousal support rights
• Inheritance rights
• Tax deductions

It is important to note that common-law marriages can be complex, and the rights and responsibilities of spouses may vary depending on the state and specific circumstances. For example, in some states, common-law spouses may not have automatic rights to their spouse's property under the Family Law Act. Additionally, there may be challenges in proving marital status due to the lack of a formal record or paper trail.

In the context of federal employee health benefits, a common-law spouse is eligible for coverage under the Federal Employee Health Benefits (FEHB) Program if the marriage is valid and recognised in a state that acknowledges common-law marriages. However, it is the responsibility of the enrollee to verify the eligibility of covered family members and to work with benefits specialists to ensure compliance.

Divorce and separation implications

Divorce and separation in the context of common-law marriage can present unique challenges and legal intricacies. Firstly, it is important to establish the validity of the common-law marriage in a court of law, as merely cohabiting for an extended period does not automatically constitute a common-law marriage. Specific conditions, such as cohabitation, intention to live as a married couple, and public presentation as such, must be met, each carrying its own legal significance.

Once the validity of the common-law marriage is established, the divorce process follows a similar path to that of a traditional marriage. A formal petition is submitted to the court, outlining reasons for the divorce and addressing pertinent issues like property division, alimony, and child custody. All states offer a 'no-fault' divorce option, where neither party is required to prove fault. However, disputes may arise over the very existence of the marriage or legal paternity, which must be established to determine child custody and support.

Recognition of common-law separation varies across states. For example, Texas does not recognize common-law separations, while Kansas does. Couples may opt for legal separation over divorce to retain certain benefits, such as insurance policy retention. During the divorce process, spouses are restricted from remarrying until the divorce is finalized. Once divorced, former spouses have certain COBRA rights to continue health coverage under specific plans, and employers must be clear on the rights and responsibilities of common-law spouses to properly administer benefits.

It is the responsibility of the enrollee to notify benefits specialists within a specified timeframe when a family member becomes ineligible due to divorce or separation. Failure to do so may result in higher premiums for the entire group and could lead to legal consequences, including fines or imprisonment.

Frequently asked questions