Cecily Zamora
If you have a common-law spouse, you may be able to add them to your insurance plan, depending on the state or country in which you reside. In the US, the Full Faith and Credit clause of the US Constitution requires a state to accept a common-law marriage as valid if it was established in a state that legally recognizes such unions. Some employers or insurers may require proof of common-law marriage, such as a signed affidavit, joint tax returns, or other evidence specified by the state. In Canada, companies like Canada Life offer health and dental insurance plans that allow individuals to add their common-law partners to their coverage.
Characteristics of Common-Law Spouse Insurance:
| Characteristics | Values |
|---|---|
| Definition of "spouse" | Includes common-law spouses |
| Enrollment | Common-law spouses are eligible for enrollment, similar to traditionally married spouses |
| Children | Children from a common-law marriage are considered dependents and are eligible for health coverage |
| State Recognition | Common-law marriage status is maintained even when moving to a state that does not legally recognize it |
| Proof of Marriage | Employers or insurers may require proof, such as joint tax returns, checking accounts, or other state-specified requirements |
| Coverage | Adding a common-law spouse to a benefits plan may increase coverage and reduce out-of-pocket costs |
| Coordination of Benefits | Having multiple plans can increase coverage and reduce out-of-pocket expenses |
| Family Medical Plans | Common-law spouses and their children may be eligible for coverage as dependents under family medical plans |
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What You'll Learn
Common-law spouses' insurance eligibility
A common-law spouse can be added to an insurance plan, and they may be eligible for coverage as a dependent under a family medical plan. In the US, the Full Faith and Credit clause of the US Constitution requires a state to accept a common-law marriage as valid if it was established in a state that legally recognizes such a union. This means that a couple with a common-law marriage in a state where it is legally recognized may move to another state and maintain their common-law marriage status, even if the new state does not legally recognize such a union.
Some employers or insurers may require proof of the common-law marriage before enrolling a spouse on a health plan. This could include a signed affidavit from an employee, joint tax returns, checking accounts, a mortgage or lease, or other requirements specified under the state law that recognizes common-law marriage.
In the case of health insurance, an employer that offers spousal coverage would include in its insurance contractual definition of "spouse" the spouse of a common-law marriage. The employer would, therefore, have to allow the enrollment of a spouse from a common-law marriage in the same way as a spouse from a traditional marriage.
In New York, for example, N.Y. Ins. Law § 4304(d)(1)(McKinney 2000) applies to individual policies issued by non-profit health insurers and permits a "family contract" under which expenses are paid on behalf of a "husband and wife, or husband, wife, and their dependent child or children." Here, a common-law spouse would be viewed as the legal spouse of the insured, provided that a valid common-law marriage exists.
In Canada, companies like Canada Life Assurance Company allow individuals to add their common-law partners to their benefits plan, which may entitle them to increased coverage and cut down on out-of-pocket costs.
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Adding a common-law spouse to your insurance
For health insurance purposes, an employer that offers spousal coverage will typically include a common-law spouse in its insurance definition of a spouse. This means they will allow the enrolment of a common-law spouse, similar to a traditional marriage. Some employers or insurers may require a signed affidavit and proof of the common-law marriage, such as joint tax returns, checking accounts, or a mortgage.
Adding your common-law spouse to your insurance can provide several benefits. It can increase their coverage and reduce out-of-pocket expenses for services not fully covered by their own insurance or not covered by government health insurance, such as physiotherapy, dental care, or prescription drugs. It is important to review the specific rules and requirements of your insurance plan, as they may vary.
If you have insurance through your workplace, you can add your common-law spouse to your benefits plan. If you don't have workplace benefits, you can consider an individual plan, such as health and dental insurance, which allows you to include your common-law spouse. Remember to review the requirements and criteria for common-law marriage recognition in your state or country, as they may differ.
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Common-law marriage recognition across states
Common-law marriage recognition varies across US states, with some legally recognizing it and others not. This can lead to complexities when a couple with a common-law marriage recognized in one state moves to another state that does not legally recognize such unions. In such cases, it is advisable for couples to maintain thorough documentation—such as joint tax returns and bank accounts—to reinforce their claims of being common-law married.
As of 2022, common-law marriages are recognized in Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia. Utah and New Hampshire have limited recognition of common-law marriage. Alabama abolished common-law marriage in 2017, but unions formed before this date are still valid. California recognizes common-law marriages contracted in other jurisdictions, while not allowing them to be formed within the state.
The recognition of common-law marriage is dependent on jurisdictional criteria, and the specific requirements vary across states. The core inquiry is whether the parties intended to enter a marital relationship, sharing a life together as spouses in a committed, intimate relationship of mutual support and obligation. Some of the conduct that can demonstrate this intention includes presenting yourselves to family, friends, and the larger community as a married couple, and using words like "husband," "wife," or "spouse" when referring to each other, both informally and in documents.
For purposes of health insurance, an employer that offers spousal coverage would include in its insurance contractual definition of "spouse" the spouse of a common-law marriage. The employer would, therefore, have to allow the enrollment of a spouse from a common-law marriage, the same as a spouse from a traditional marriage. Additionally, under a common-law marriage, children have a presumption of legitimacy and would be considered dependents eligible for health coverage.
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Common-law spouse insurance in New York
New York does not recognize common-law marriages within the state. This means that couples cannot form a common-law marriage in New York, regardless of how long they have lived together. However, New York will recognize a common-law marriage that was legally formed in another state that recognizes such unions.
While New York does not recognize common-law marriage, it does recognize domestic partnerships. Domestic partnerships are legally recognized relationships between two individuals, and New York State recognizes these partnerships for same-sex or opposite-sex couples. Domestic partners may be eligible for health insurance coverage under their partner's plan, but this is not required by law, and employers are not compelled to provide this coverage.
If a common-law spouse is recognized as a dependent, they may be eligible for coverage under their partner's family medical plan. This is because New York Insurance Law recognizes a "chiefly dependent" standard, which includes both unilateral dependence and mutual interdependence. This may be evidenced by factors such as common ownership of property, shared budgeting, or length of the relationship.
In addition, common-law spouses can ensure they are protected by being named as beneficiaries on their partner's insurance policies, retirement accounts, and other financial instruments. This ensures they will receive benefits if their partner passes away.
It is important to note that the laws surrounding common-law marriage and insurance in New York can be complex, and it is recommended to seek legal counsel for specific situations.
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Common-law spouse insurance in Canada
In Canada, common-law spouses can be added to their partner's insurance coverage. The specific requirements for doing so vary depending on the insurance provider and the province. However, the general requirement for adding a common-law spouse to insurance is the same as for sponsoring them for permanent residency: one year of continuous cohabitation. In some cases, employers may establish their own criteria for when a common-law relationship arises for the purpose of granting insurance coverage to the spouse under the employee's benefit plan. Some plans may require couples to have lived together for as little as six months, while others may require one, three, or five years.
If you have insurance through your workplace, you can add your common-law spouse to your benefits plan. This may entitle them to increased coverage and potentially reduce out-of-pocket costs. If your spouse has their own benefits plan, adding them to your plan can help cover any out-of-pocket expenses not covered by their plan. If your spouse does not have benefits, adding them to your plan can provide coverage for expenses not covered by government health insurance, such as physiotherapy, routine dental care, and prescription drugs.
If your spouse has workplace benefits, they would typically make a claim through their own coverage first. If their benefits do not cover the full expense, they can then claim the remaining amount through your plan, which may cover it in full or in part, depending on the plan. This is known as "coordination of benefits". Having two plans available usually results in more coverage as a couple and lower out-of-pocket expenses.
To add your common-law spouse to your insurance, you may need to fill out a form and provide proof of your cohabitation. This could include documents showing the same address, such as government-issued identification, driver's licenses, or proof of joint bank accounts. In some cases, no supporting documentation may be required. It is important to note that the process may differ depending on the insurance provider and your province.
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Frequently asked questions
Yes, you can get on your common-law spouse's insurance. All states recognize common-law marriages, so you have the legal rights of formally married persons. However, you may need to provide a signed affidavit from your spouse to recognize the common-law marriage, as well as proof such as joint tax returns, checking accounts, or a mortgage or lease.
If your spouse has a self-insured plan, it may choose to exclude common-law spouses from its definition of a spouse. However, this is risky for employers as employees can challenge the exclusion.
The state in which the common-law marriage was established is the deciding factor in recognizing the marriage for enrollment in health and welfare plans. It does not matter where the plan sponsor is located or where you and your spouse reside.
As with any legal marriage, the dissolution of a common-law marriage requires a divorce decree. After the divorce is finalized, you have certain COBRA rights to continue health coverage under specific plans.
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