covering common law spouses on insurance
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Do any of you allow common law spouses to be covered on your health insurance? If so, do you require them to complete an affidavit? If you have them sign an affidavit, how have you crafted it so it will cover all the varying state definitions of common law marriage?
If you do cover common law, do you treat this spousal coverage as any other...or do you treat it as you would for same-sex domestic partner coverage (i.e. premiums must be after tax.)
We are a multi-state employer and per our handbook we say that common-law spouses are eligible for coverage. But no employee has ever requested to cover a common law spouse until now. Any help you can provide is much appreciated.
If you do cover common law, do you treat this spousal coverage as any other...or do you treat it as you would for same-sex domestic partner coverage (i.e. premiums must be after tax.)
We are a multi-state employer and per our handbook we say that common-law spouses are eligible for coverage. But no employee has ever requested to cover a common law spouse until now. Any help you can provide is much appreciated.
Comments
BUT: the fact that you (and the couple) are not located in a common-law state may not insulate you from addressing this issue. The quick reference I have available indicates that common-law marriages are recognized in the states listed below -- *AND* that other states and the IRS will generally recognize such a marriage if properly initiated in a common-law state. If so recognized, I suspect the couple would be covered under your plan with or without reference to "common-law" in your plan documents. Married is married.
But you need a benefits lawyer to be certain.
Note that the states below will have varying requirements to recognize common-law marriage, but that they tend to include at minimum: legal capacity to marry, intent to marry, communication of such intent to each other, living together, holding the couple out to the community as being married (for example, and only as an example, using same last name, etc.)
Alabama
Colorado
District of Columbia
Georgia (if created before 1/1/97)
Idaho (if created before 1/1/96)
Iowa
Kansas
Montana
New Hampshire (for inheritance purposes only)
Ohio (if created before 10/10/91)
Oklahoma
Pennsylvania
Rhode Island
South Carolina
Texas
Utah
Just to emphasize the fact that "married is married", to the best of my knowledge in common-law states there is no "common-law divorce". That is, such folks get to go through the same pain as everyone else.
Warm regards,
Steve Mac
Steve McElfresh, PhD
Principal
HR Futures
408.605.1870
We do request affidavits from those individuals who specify "common law". Often when they are asked to submit an affidavit, they decline.