Common Law Spouse

bamahr · June 2003

Our benefit plan allows for participants to cover common law spouses. I have a participant who would like to drop his spouse from the coverage because he "Broke-up" with her. He is requeting to make this change during an enrollment period - therefore my understanding is she is not elgible for COBRA. I have requested that he provide me a notarized statement from his spouse that she is aware her coverage will terminate. My insurance company advised me that if she is not aware - that she could potentially be eliglbe for cobra or the company could be liable for claims after termination. I guess I am being more cautious because she is common-law - I am also setting a precedent with this case for future changes. Does anyone have any suggestions or cautions?

HR in PA · June 2003

Does your employee realize that by having a common law spouse (if they have a recognized common law marriage meeting all the criteria in your state) that he has to get a divorce to "break up" with her?

Moria · June 2003

Ditto for Colorado. I have had four asks this year to put on "common-law" spouses onto our insurance. After giving them the explanation that they would have to divorce them to get them off the insurance, only one chose to add the dependent coverage.

Sunny · June 2003

I'm in Alabama as well and my carrier (Blue Cross) will not remove a common-law spouse without a "divorce" through the courts. And the common-law is always eligible for COBRA.

To be on the safe side, if your insurer agrees to drop the "spouse" I would send her a COBRA letter. I don't think she can sign-away her COBRA rights and you could end up in trouble.

E Wart · June 2003

E Wart
In Georgia they used to recognize common law marriages (so had to be covered under insurance.) This is no longer the case.
Anyway, in order to get the person off your insurance, (if you have a cafeteria plan with annual re-enrollment) they could drop the spouse at the re-enrollment time. Otherwise, they have to present divorce papers.
I went through this several years ago. The employee said her mother told her that she was the only one she knew that had a divorce without even being married.!! And, yes, I would say that if they had been covered under the policy and they are "correctly" dropped during the plan year, they should be provided the COBRA option. However, you should talk with your insurance broker or company about this.

Rockie · June 2003

South Carolina also recognizes common law relationships. The qualifications vary from state to state, usually by number of years of cohabitation and if the couple has held themselves up to be "husband and wife". You need to check your state's laws on this.

If this is, in fact, a common law relationship, the "spouse" has the same rights and responsibilities as a formal marriage. A legal divorce is the only way to sever this relationship.

njjel · June 2003

I'm thinking she is eligible for COBRA regardless of when he decides to remove her from his insurance.

bamahr · June 2003

Thanks for the input. I always explain to any employee who wants to put their common-law on our coverage that a divorce decree will be needed to remove them. In most cases that discourages them from adding their common-law spouse - but we do have those that add. I will take your advice and send her COBRA anyway. This is during an enrollment period - but just to be on the safe side. It seems I am more cautious when it is a common-law.

Common Law Spouse

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