Cameron Miranda
The recognition of common-law marriages varies across different states and insurance providers, making health insurance in the United States a complex topic. Generally, insurers must adhere to the definition of spouse established by the state in which the common-law marriage was established. While some states, like New York, have abolished common-law marriages, they may still recognize such marriages contracted in other states. Common-law marriages can impact health insurance eligibility, with divorced common-law spouses retaining certain COBRA rights to continue health coverage under specific plans. Employers sponsoring health plans should clearly define common-law marriage in relation to spousal benefits to ensure compliance and avoid potential legal challenges.
| Characteristics | Values |
|---|---|
| Common law marriage recognition | All states recognize a valid common-law marriage, and insurers must adhere to the definition of "spouse" established by the state. |
| Common law spouse health insurance | Common-law spouses are generally eligible for health insurance as dependents under a family medical plan. |
| Children in common law marriage | Children of a common-law spouse are considered dependents and are eligible for health insurance coverage. |
| Common law marriage dissolution | Common-law marriages require a divorce decree, and upon dissolution, spouses have COBRA rights to continue health coverage. |
| Employer-provided health insurance | Employers cannot exclude common-law spouses from insured health plans and must include them in the definition of "spouse." |
| State-specific variations | Some states, like New York, have abolished common-law marriages but will recognize those contracted in other states. |
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What You'll Learn
Common-law marriage and divorce
Common-law marriages are legally binding in some states, including Rhode Island and Texas. However, the requirements for common-law marriage vary by state. For example, in Texas, there is a two-year statute of limitations, meaning that if neither party petitions for divorce within two years, it is treated as if the couple was never married. On the other hand, in Rhode Island, there is no such statute of limitations, and common-law marriages are treated like any other marriage, requiring a formal divorce process.
In states that recognize common-law marriages, individuals seeking a divorce must typically demonstrate the validity of their union, often by providing evidence of cohabitation, shared finances, or public acknowledgment of the relationship. This is because common-law marriages do not have the same paper trail as traditional marriages, which obtain a marriage license from the state. As a result, it can be challenging to prove a couple is married under common law, which is necessary for divorce proceedings.
Regarding health insurance, in states that recognize common-law marriages, a common-law spouse may be covered under a family medical plan as a dependent. For example, in New York, a common-law spouse can be eligible for insurance coverage under a family medical plan, despite the state not recognizing new common-law marriages within its borders. Similarly, their children, whether born before or after the common-law marriage, may also be covered as dependents under the family medical plan.
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Common-law marriage and children
In the United States, common-law marriage, also known as sui juris marriage, informal marriage, or marriage by habit and repute, is a form of irregular marriage that is currently recognised in seven states and the District of Columbia, with an additional two states recognising it for limited purposes. These states are Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, and Texas. Common-law marriage has existed in the US since colonial times, when the presence of few clerics or civil officials made ceremonial marriages difficult to perform.
In states that allow common-law marriage, couples may have the same rights as a formally married couple. Generally, a couple is considered to be married under common law when they live together for a period of time, behave as a married couple, and intend to be married. There is no statutory requirement for the length of time a couple needs to live together, but the longer they live together, the stronger their case is for common-law marriage.
In terms of health insurance, a common-law spouse would be viewed as the legal spouse of the insured, provided that a valid common-law marriage exists. This means that an insurer may extend coverage to a common-law spouse under a family medical plan. Additionally, children of the common-law spouse may be covered under the family medical plan, provided that they meet the requirements of the relevant insurance laws. These laws often permit coverage for dependent children or any other person dependent upon the policyholder.
In other parts of the world, common-law marriage has limited recognition. For example, in Kuwait, family courts may recognise common-law marriage in cases of expatriate familial disputes, such as maintenance payments and child support dues. In the English-speaking Caribbean, the term "common-law marriage" is widely used to describe any long-term relationship between male and female partners, and these unions make up a significant percentage of families, many of which have children. In Ireland, the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (in force between 2010 and 2015) gave some rights to unmarried cohabitants.
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Common-law marriage recognition by state
In the United States, common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact, is a form of irregular marriage that survives only in a handful of states and the District of Columbia, along with some provisions of military law. Two other states recognize domestic common-law marriage after the fact for limited purposes. Common-law marriage is often used colloquially to refer to cohabiting couples, regardless of their legal rights, which can create confusion regarding the legal rights of unmarried partners.
As of 2022, common-law marriages are recognized in Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia. Utah, South Carolina, and New Hampshire have limited recognition of common-law marriage. The status of common-law marriage in Utah is unclear, with government websites claiming it does not exist, while other legal websites state that "non-matrimonial relationships" may be recognized as marriage within one year of the relationship ending.
Some states have abolished common-law marriage but still recognize common-law marriages if they began before a certain date or for a specific purpose. These include Alabama, Florida, Georgia, Indiana, Ohio, and Pennsylvania.
All states recognize common-law marriages if a couple is married in a common-law marriage state. Under the United States Constitution, the full faith and credit clause states that states must respect other states' laws, including common-law marriage, as long as the couple meets the requirements of a common-law marriage while living in that state.
In terms of health insurance, states like New York, which do not recognize common-law marriages, will still recognize a common-law marriage contracted in a sister state, provided it is valid where it was contracted. This means that a common-law spouse and their children, born before the common-law marriage, can be eligible for insurance coverage as dependents under a family medical plan.
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Common-law marriage recognition by employers
In the United States, common-law marriage is only recognised in Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia. Utah, South Carolina, and New Hampshire have limited recognition of common-law marriage. As such, employers in these states are likely to recognise common-law marriage, and this may include offering health insurance to common-law spouses.
However, it is important to note that the recognition of common-law marriage can vary depending on the employer and the specific circumstances of the couple. For example, some employers may require additional documentation or proof of the common-law marriage before providing health insurance coverage. Additionally, some states, like Utah, may only recognise common-law marriages that have been validated by a court or administrative order.
In New York, common-law marriage has been abolished, but the state will recognise a common-law marriage that is contracted in another state where it is valid. This means that employers in New York may recognise common-law marriages from other states and offer health insurance coverage to these couples.
Outside of the United States, the recognition of common-law marriage varies. For example, in Canada, there is no institution of common-law marriage, but informal cohabitation relationships are recognised for certain purposes, creating legal rights and obligations. In Australia, de facto relationships are recognised in the Family Law Act, but there is no federal recognition of de facto relationships outside of Australia.
It is always best to check with the specific employer and the relevant state laws to understand their policies and requirements regarding the recognition of common-law marriage and the resulting benefits, including health insurance coverage.
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Common-law marriage and insurance coverage
In the United States, health insurance is a complex issue, and common-law marriage only adds to this complexity. Common-law marriage is a type of informal marriage that is established by mutual agreement and cohabitation, without the need for a marriage license or ceremony. While it is no longer possible to enter into a common-law marriage in New York, for example, the state will recognize such marriages contracted in other states.
Insurance Coverage for Common-Law Spouses
In general, insurers must adhere to the definition of "spouse" as established by the state in which the common-law marriage was established. This means that a common-law spouse would be viewed as the legal spouse of the insured, and insurers may extend coverage to them under a family medical plan. This is the case even if the insurance contract or policy is from another state, or the plan sponsor and couple reside elsewhere.
Insurance Coverage for Children in Common-Law Marriages
Children born prior to the common-law marriage can be covered under a family medical plan, provided they meet the requirements for dependents. This includes being chiefly dependent on the insured for support and maintenance.
Employer-Sponsored Health Plans
Employers that sponsor insured health and welfare plans generally cannot exclude common-law spouses from those plans. The Patient Protection and Affordable Care Act (PPACA) requires employers to include common-law spouses in their definition of "spouse" when offering spousal coverage. However, a self-insured plan may choose to exclude common-law spouses from its definition of "spouse," provided all communications are clear about this exclusion.
Divorce and Common-Law Marriage
The dissolution of a common-law marriage requires a divorce decree, just like a legal marriage. After a divorce, the former common-law spouse may have COBRA rights to continue health coverage under certain plans.
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Frequently asked questions
Yes, a common-law spouse would be viewed as the legal spouse of the insured, provided that a valid common-law marriage exists.
Common-law marriages are not recognized statewide in Texas. However, specific city and county employers, such as Austin, Dallas, Houston, and San Antonio, extend benefits to domestic partners of their employees.
All states recognize a valid common-law marriage. The deciding factor in recognizing a common-law marriage for health insurance enrollment is the state in which the common-law marriage was established.
The dissolution of a common-law marriage requires a divorce decree, similar to a legal marriage. After the divorce, the former spouse has certain COBRA rights to continue health coverage under ERISA plans and non-federal government health plans.
Couples can register their common-law marriage by filing a Declaration and Registration of Informal Marriage with the county clerk. If they choose not to declare their marriage, documents such as lease agreements, tax returns, and insurance policies may be requested to prove the marriage.
