Kara Sears
Common-law marriage is a unique legal concept that is only recognized in eight states and the District of Columbia. Properly established common-law marriages are lawful under state and federal law, but misconceptions and complications often leave employers unsure about employee benefits for common-law spouses. To prove a common-law marriage, individuals must provide evidence and documentation, such as signed statements, deeds to jointly held properties, bank statements, and affidavits from friends and family. This article will explore the steps a federal employee must take to show evidence of a common-law marriage and the implications for their benefits.
| Characteristics | Values |
|---|---|
| Recognition by the Federal Government | If the state recognizes common-law marriage, then the Federal government will. |
| Evidence of Common-Law Marriage | Preferred evidence is the signed statements of both the husband and wife, and those of two blood relatives. |
| Dissolution of Common-Law Marriage | As with any legal marriage, the dissolution of a common-law marriage requires a divorce decree. |
| Common-Law Marriage and Employee Benefits | Signing an affidavit of common-law marriage to establish plan eligibility for a spouse carries the full legal consequences of marriage. |
| Common-Law Marriage and Insurance Policies | Under the Health Insurance Portability and Accountability Act (HIPAA), an employee has the right to enroll a new spouse and new dependent children for health coverage. |
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What You'll Learn
- The federal government only recognises common-law marriage if the state does
- Common-law marriage must be legally recognised in the state
- Preferred evidence includes signed statements from both spouses and two blood relatives
- Other evidence may be considered if preferred evidence is not available
- Common-law marriage can affect employee benefit plans
The federal government only recognises common-law marriage if the state does
Common-law marriage is a unique legal concept that is only recognized by eight states and the District of Columbia. Properly established common-law marriages are considered lawful marriages under state and federal law. However, the federal government will only recognize a common-law marriage if it is recognized by the state in which the couple resides. This means that if a couple's state of residence does not recognize common-law marriage, they may not be able to access the same benefits as legally married couples under federal law.
To prove a common-law marriage, couples must provide evidence and documentation. This includes signed statements from both spouses and two blood relatives, or, if one spouse is deceased, from the living spouse and two blood relatives of the deceased. These statements should explain why the signer believes the couple was married. If blood relatives' statements are unavailable, statements from other individuals may be accepted. If preferred evidence is inaccessible, other convincing evidence of the marriage may be considered.
Affidavits, or written statements made under oath, can also be used to prove a common-law marriage. These can be provided by friends, family, and others familiar with the relationship. They should include details such as how they know the couple, the length of time the couple has lived together, and whether there was a public announcement of the marriage. Other documents that can help establish a common-law marriage include deeds to jointly held property, joint bank statements, joint loans or mortgages, and credit card accounts in both spouses' names.
The recognition of common-law marriage can have significant implications for employers, particularly regarding employee benefits. Employers need to be clear on the rights and responsibilities of common-law spouses to properly administer benefit plans. While self-insured plans may choose to exclude common-law spouses if the participant cannot substantiate the marriage, employers sponsoring insured health and welfare plans generally cannot exclude common-law spouses.
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Common-law marriage must be legally recognised in the state
Common-law marriage is a unique legal concept that is only recognised in eight US states and the District of Columbia. It is important to note that common-law marriage is only valid under state and federal law if it was established in a state that permits it. For example, if a couple meets the requirements for common-law marriage in Texas, they are considered lawfully married in Texas and across the US. However, if a couple attempts to establish a common-law marriage in a state that does not recognise it, they are not considered married anywhere in the country.
Due to the varying state laws regarding common-law marriage, employers with a multistate presence may struggle to administer employee benefit plans uniformly. To address this challenge, employers should seek legal counsel and clearly outline plan terms to ensure participants and eligible employees comprehend the implications of common-law marriage on spousal benefits.
To prove a common-law marriage, certain documents must be provided as evidence. These requirements vary by state, but generally, they include documents demonstrating a long-term domestic partnership. For instance, in Texas, proof of cohabitation and a mutual agreement to be married are necessary. Affidavits, which are written statements made under oath, are commonly used to substantiate a common-law marriage. These affidavits can be from friends, family, or other individuals familiar with the relationship, attesting to their knowledge of the couple's marriage and cohabitation.
Other documents that may be used as evidence include deeds showing joint ownership of property, bank statements indicating joint accounts, loan documents reflecting shared financial obligations, and credit card accounts in both spouses' names. Additionally, church records related to family status, membership, and children's baptismal certificates can be utilised. In the case of a common-law spouse's death, a death certificate is required, and if either spouse has been previously married, proof of divorce, annulment, or the former spouse's death is necessary.
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Preferred evidence includes signed statements from both spouses and two blood relatives
A common-law marriage is a valid marriage created by a couple's mutual agreement and public behaviour, without an official license and solemnisation. While each state has its own rules regarding common-law marriage, there are certain documents that are generally required to prove such a marriage.
Preferred evidence of a common-law marriage includes signed statements from both spouses and two blood relatives. All signed statements should detail why the signer believes the couple is married. If a written statement cannot be obtained from a blood relative, a statement from another person can be used instead.
Other documents that can be used to establish a common-law marriage include affidavits from friends and family, deeds showing title to property held jointly, bank statements and checks showing joint ownership of accounts, loan documents, leases, mortgages, and credit card accounts in both spouses' names.
It is important to note that signing an affidavit of common-law marriage to establish plan eligibility for a spouse carries the full legal consequences of marriage, including rights and obligations under federal and state tax, estate, and property laws, among others. As such, employers sponsoring health and welfare plans should have clear plan terms so participants and eligible employees understand what common-law marriage means in relation to spousal benefits.
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Other evidence may be considered if preferred evidence is not available
If preferred evidence of common-law marriage is not available, other evidence may be considered. This includes, but is not limited to, the following:
- Affidavits from friends, neighbours, and relatives who have personal knowledge of the marriage. These affidavits should include specific information such as how the person knows the couple, how long they have known them, and any relevant details about the couple's relationship and marriage.
- Records such as leases, mortgages, deeds, and joint bank accounts showing joint ownership and shared finances. These documents should include both individuals' names and indicate a shared residence or financial responsibilities.
- Birth certificates of children born to the couple, indicating the recognition of the relationship as a marriage by family and the community.
- Proof of joint purchases, such as vehicles or other significant assets, demonstrating financial entanglement and a level of commitment typically associated with marriage.
- Evidence of joint debts, such as joint credit card accounts or loans, further illustrating financial entanglement and shared responsibilities.
- Copies of wills or life insurance policies that name the partner as a beneficiary, indicating long-term planning and recognition of the relationship as a marriage.
It is important to note that the specific requirements and recognition of common-law marriage may vary depending on the jurisdiction. As such, it is advisable to consult with a legal professional or relevant government office to understand the specific requirements and evidence needed to demonstrate a common-law marriage in a particular location.
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Common-law marriage can affect employee benefit plans
Common-law marriage can have implications for employee benefit plans, and employers need to be clear on the rights and responsibilities of common-law spouses. While some states in the US and provinces in Canada recognise common-law marriages, others do not, and this can create confusion for employers, particularly those operating across multiple states or provinces.
In the US, a common-law marriage is a valid marriage under state and federal law, created by the couple's mutual agreement and public behaviour, without an official license. However, it is important to note that not all states recognise common-law marriages, and the laws surrounding them can be complex and subject to change. For example, in 2019, South Carolina's state supreme court abolished common-law marriages, citing their unpredictable and convoluted nature.
For employers, this can make administering employee benefit plans challenging. Employers sponsoring health and welfare plans may not exclude common-law spouses from those plans. However, a self-insured plan may choose to exclude common-law spouses, but they must clearly communicate this in all materials, including enrollment forms and plan documents. If an employer chooses to exclude common-law spouses, they may face legal challenges claiming discrimination based on marital status or sexual orientation.
Employees should also be aware of the implications of enrolling a common-law spouse in their health plan. Signing an affidavit of common-law marriage to establish plan eligibility carries the full legal consequences of marriage, including rights and obligations under federal and state tax, estate, and property laws. For example, an employee may not be able to remove a former common-law spouse from their health plan until open enrollment for the next plan year or until the marriage is formally dissolved through a divorce decree.
In Canada, every province has its own human rights laws prohibiting discrimination based on marital status and sexual orientation. Excluding common-law couples from employee benefit plans would be considered a violation of these rights.
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Frequently asked questions
A common-law marriage is a valid marriage created by a couple's mutual agreement and public behaviour without an official license and solemnisation.
Each state that recognises common-law marriage has its own rules. Generally, you will need documents that show a long-term domestic partnership. For example, common-law marriage in Texas will require proof that you and your partner agreed to be married and live together as a married couple.
You will need to provide affidavits, which are written statements in which you swear under oath that what you are saying is true. You can provide affidavits from friends and family who know you and your partner and are familiar with your relationship. You can also provide deeds showing title to property held jointly, bank statements showing joint ownership of accounts, and credit card accounts in both names.
A common-law marriage has the same legal consequences as a marriage, including rights and obligations under federal and state tax, estate and property laws.
You will need to provide evidence of your common-law marriage to your employer, such as an affidavit. Your employer will then allow your spouse's special enrollment and begin making pre-tax deductions at the "employee plus one" premium rate.
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