If you are considered to be a common-law spouse under your spouse’s employee benefit plan, you may be entitled to benefits that would cover the cost of things such as prescription medication, life insurance and dental work. Criteria for being covered
The FEHB Program can help you and your family meet your health care needs. Federal employees, retirees and their survivors enjoy the widest selection of health plans in the country.
What benefits are common law spouses entitled to?
Employee benefit plan coverage. If you are considered to be a common-law spouse under your spouse’s employee benefit plan, you may be entitled to benefits that would cover the cost of things such as prescription medication, life insurance and dental work.
Can my employer cover my spouse if I have common law insurance?
Employers can establish their own criteria for when a common-law relationship arises for the purpose of giving the spouse insurance coverage under the employee’s benefit plan.
Does common-law marriage affect my health insurance?
Because all states recognize a valid common-law marriage, where the insurance contract or policy is written or issued doesn’t matter. Nor does it matter where the plan sponsor is located, or where the employee and common-law spouse reside.
Is my spouse eligible for life insurance benefits?
If you have a valid common law marriage, your spouse is considered an eligible family member. If the coverage is not assigned, and there is no court order or designation of beneficiary on file, the Office of Federal Employees Group Life Insurance (OFEGLI) will pay benefits based on the order of precedence.
What are the benefits of being common law married?
There are several benefits to common law marriage, the primary one being legal recognition of your relationship. In addition, common law marriage offers couples property division rights, inheritance rights, and possibly spousal maintenance if the relationship ends.
Can a common law spouse receive Social Security benefits?
Common-law spouses can get Social Security benefits based on their spouses' earnings record. In some states, couples who meet certain criteria are considered to have a legal common law (or "informal") marriage even if they never held a religious or civil marriage ceremony.
Is a common law spouse a legal spouse?
They may opt for a common-law relationship. This type of union recognizes a couple as equivalent to legally married even if the pair never said their vows in a civil or religious ceremony and don't have a marriage license.
What is the difference between a common law spouse and a domestic partner?
There are more requirements than just living together to be considered common-law, but they are different depending on the state. A domestic partnership is an unmarried couple who live together and are interested in receiving many of same benefits that a married couple enjoys, such as health benefits.
What happens if my partner dies and we are not married?
“It would become part of the probate estate.” One option is to make sure both of you are named as joint owners on the deed, “with rights of survivorship.” In that case, generally speaking, you each equally own the house and are entitled to assume full ownership upon the death of the other.
How do I prove my common-law marriage for Social Security benefits?
Both common-law spouses must complete a “Statement of Marital Relationship” (form SSA-754) and provide an additional statement from a blood relative affirming the marriage (form SSA-753).
How long do you live together to be common law?
To be considered common-law partners, they must have cohabited for at least one year. This is the standard definition used across the federal government. It means continuous cohabitation for one year, not intermittent cohabitation adding up to one year.
What are the benefits of common law?
Advantages to filing as a common-law partnercombine receipts such as medical expenses and charitable donations to maximize your credits and pay less tax.claim the Family Tax Cut (for couples with at least one child under 18),contribute to a spousal RRSP.More items...
What rights do common law partners have?
Living together without being married or being in a civil partnership means you do not have many legal rights around finances, property and children. Very simply, there is no such thing as 'common law marriage'.
Can I put my girlfriend on my health insurance?
– Can I purchase healthcare coverage in the open market for my girlfriend or boyfriend? First, if you are simply wondering if you're able to purchase a health insurance policy for a girlfriend or boyfriend in the open market, the answer is “yes.” In fact, you can purchase a policy for just about anyone.
Can I put my boyfriend on my insurance?
What Is Domestic Partner Insurance? Some insurance companies offer domestic partner health insurance. These plans allow your partner to have the same benefits that a spouse would be entitled to. Your partner can be covered under your plan, and any children the two of you have in your custody would also be covered.
Is my girlfriend a domestic partner?
A domestic partner can be broadly defined as an unrelated and unmarried person who shares common living quarters with an employee and lives in a committed, intimate relationship that is not legally defined as marriage by the state in which the partners reside.
Is a spouse considered a family member?
If you have a valid common law marriage (with a spouse of the opposite sex), your spouse is considered an eligible family member. If you have a valid common law marriage, your spouse is considered an eligible family member. If the coverage is not assigned, and there is no court order or designation of beneficiary on file, ...
Can a common law spouse be recognized?
A common law spouse may be recognized based on the laws of the state in which the insured was domiciled. Flexible Spending Accounts. If your common law spouse is your legal spouse for tax purposes, expenses incurred by him/her can be eligible expenses under your FSAFEDS account. Long Term Care.
What benefits do you get if you are a common law spouse?
If you are considered to be a common-law spouse under your spouse’s employee benefit plan, you may be entitled to benefits that would cover the cost of things such as prescription medication, life insurance and dental work.
How long can a spouse live together?
Some employment benefit plans permit common-law spouses to share in the plan if they have been living together for only six months; other plans may require that spouses have lived together for one, three or five years. Prohibited grounds of discrimination.
Can a spouse share in a common law plan?
Employers can establish their own criteria for when a common-law relationship arises for the purpose of giving the spouse insurance coverage under the employee’s benefit plan. Some employment benefit plans permit common-law spouses to share in the plan if they have been living together for only six months;
What benefits do you get from a common law marriage?
The Social Security benefits you receive as a common-law marriage couple include spousal benefits, survivor benefits and even benefits from an ex-common law spouse. While that part of the rule is straightforward, there is a bit of a catch: meeting the requirements of a common-law marriage. These requirements are not as easy as some may think ...
How to prove common law marriage?
The Social Security Administration mandates that you must provide evidence of your marriage. Evidence to prove a common-law marriage in the States that recognize such marriages must include: 1 A statement from each spouse and a statement from a blood relative of each, if both spouses are living, OR 2 If either spouse is deceased, you will need a statement from the surviving widow or widower and statements from two blood relatives of the decedent, OR 3 A statement from a blood relative of each spouse if each individual has passed away.
What evidence is needed to prove a common law marriage?
Evidence to prove a common-law marriage in the States that recognize such marriages must include: A statement from each spouse and a statement from a blood relative of each, if both spouses are living , OR. If either spouse is deceased, you will need a statement from the surviving widow or widower and statements from two blood relatives ...
How to propose a permanent union?
Propose a permanent union that is exclusive. Be in the present tense. Propose a marital status that cannot be terminated at will but can be terminated only in the same manner as a “traditional” marriage, i.e ., death, divorce or annulment.
Is a common law marriage a valid marriage?
According to the SSA, a common-law marriage is a valid marriage. And as such, a common-law couple will be able to claim the same benefits as a couple who followed the “traditional” marriage route.
Do you have to live together to marry in common law?
In states that do recognize common-law marriage, usually the parties must live together and hold themselves out to the public as husband and wife. The cohabitation does not have to be in the State where the marriage agreement was made. Second, there must be an agreement to marry. This agreement must:
Does Social Security recognize common law marriage?
Here’s what she told me: “Generally, the Social Security Administration will recognize a common-law marriage as valid if the following requirements are met: First, the common law marriage must be contracted in a state where common-law marriages are recognized. Less than half of the fifty states recognize [these relationships as legally binding].
How to prove a common law marriage to Social Security?
To prove a common law marriage to Social Security so that you'll be eligible for dependents or survivors benefits, one of the following must be provided. If you are both alive, then you must both provide statements that affirm your marriage and you must provide a statement from a blood relative of each of you.
What are the requirements for common law marriage?
Here are the basic requirements for the creation of a common law marriage; however, your specific state may have additional requirements. You and your partner must have the capability (that is, be old enough and have the mental capacity) to enter a contract for a valid marriage with each other. You must both live in a state ...
What to do if your spouse dies?
If your spouse has died, then you must provide a statement that affirms your marriage and two statements from blood relatives of your deceased spouse. If both husband and wife have died, then a statement affirming the marriage from a blood relative of the wife and a blood relative of the husband affirming the marriage.
How long do you have to stay together to get married in New Hampshire?
Contrary to popular belief, most states do not require that two people stay together for a certain number of years before their relationship is considered a common law marriage; only New Hampshire has a three-year requirement, and New Hampshire common law marriages are only recognized after death.
How long do you have to live together before you can legally marry?
This means that a common law marriage won't be recognized while both of the parties are still alive, but if your relationship meets all of the following requirements, a "legal" marriage will be established when one of you dies: You lived together for three or more years prior to the death of one partner.
Which states don't allow common law marriage?
Oklahoma. Rhode Island. South Carolina. Texas, and. Utah (but only if validated by a court order). States that don't allow new common law marriages. These states don't allow the formation of new common law marriages, but if you entered into a common law marriage in one of these states in the past, your common law marriage may still be valid ...
Can a common law spouse get Social Security?
Common-law spouses can get Social Security benefits based on their spouses' earnings record. In some states, couples that meet certain criteria are considered to have a "common law" marriage even if they never held a religious or civil marriage ceremony.
Who gets survivor pension?
Survivor pension benefits are paid to the person who, at the time of death, is the legal spouse or common-law partner of the deceased CPP contributor. You may also qualify for this if you are a separated legal spouse and the deceased had no cohabiting common-law partner.
What is a CPP death benefit?
The CPP death benefit is a one-time, lump-sum payment made to the estate of a CPP contributor who has died. The executor named in the Will, or the administrator named by the Court to administer the estate must apply for the death benefit on behalf of a spouse (legally married or common-law).
Is CPP a common law?
The rules regarding CPP and OAS benefits for common-law spouses fall under federal law. If you have been living with your partner for at least one year, you are considered to be living common-law for the purpose of CPP and OAS.
Who is the beneficiary of a life insurance contract?
A beneficiary is a person who is named in this contract as a recipient of the life insurance proceeds in the event of the insured person’s death. The beneficiary may be a spouse, a relative, a child, a friend, a trust, etc.
What happens to life insurance when there is no beneficiary?
A life insurance policy also sets out rules about what happens when there is no named beneficiary. In many policies, the surviving spouse automatically receives the life insurance proceeds when no beneficiary is named at the time of the insured’s death. In others, the money goes to the estate of the insured.
Can a spouse file a life insurance claim for half of the policy proceeds?
If a life insurance policy was purchased with community property income (if premiums were paid using community property money), the surviving spouse may file a life insurance claim for half or a portion of the policy proceeds if someone other than the spouse is listed as the beneficiary. The beneficiary will receive the rest.
When is the next date for life insurance?
July 25, 2020. Many people wonder whether there is a special set of rules applicable to life insurance beneficiaries. You may also wonder whether spousal rights are the same as beneficiary rights. This article will address these and many other topics about spousal and beneficiary rights. Simply put, a life insurance policy is a contract between ...
Can a spouse be named as a beneficiary?
Usually, there is no requirement in the policy itself that only a spouse be named as the beneficiary. The policy owner has the right to choose any beneficiary they wish. Likewise, the policy owner has the right to change their designation.
Can a spouse waive their life insurance?
If a spouse wishes to waive his or her right to a certain life insurance policy, the couple may sign an agreement specifying the policy will be considered separate (not community) property. Usually the insurance company needs to be put on notice of such waiver of spousal rights. In some cases, the insurance company may ask ...
Do all life insurance policies fall under revocation laws?
Not all life insurance policies fall under these revocations laws. For example, life insurance policies controlled by federal laws will pay to the listed beneficiary regardless of the conflicting state laws.
Why do you need a marriage license?
In the U.S., most states require a legal marriage in order for a couple to exercise spousal benefits such as filing a joint tax return, sharing financial accounts, and so on.
Which states allow marriage without a license?
12. South Carolina— Allows for marriage without a valid license. No specific laws on common law marriage. 13. Texas— For an "informal marriage," both members of ...
Is a marriage not solemnized in Utah?
Utah— For a "marriage not solemnized," both partners must be able to agree to the marriage, and others must know them as a married couple. 16. Some states have ruled that only those unions that met the state requirements for a common law marriage by a specified date will be recognized; not those that happened later.
Is cohabitation common law in New Hampshire?
New Hampshire— The statute uses the phrase “cohabitation” not “common law marriage”, and says such unions can be recognized solely for inheritance purposes, i.e., when an estate is being settled after one of the partners dies if the couple lived together for three years prior to the death. 10.
Is a civil union a common law marriage?
Don't confuse a common law marriage with a civil union, which is a legal relationship between two people that confers rights only on the state level. Before same-sex marriage became legal in all 50 states after the 2015 Supreme Court ruling in Obergefell v. Hodges, civil unions were primarily a way for same-sex couples to have a legally recognized ...
Do common law marriages count as social security?
Fewer than a dozen states and the District of Columbia recognize common law marriages. People who meet their state's common law marriage requirements will be eligible for most of the financial benefits—including federal benefits, like Social Security—of a married couple.
Do married couples get the same benefits as married couples?
Couples recognized as married by common law enjoy many of the same benefits as legally married couples, provided they have lived in a state that recognizes common law for most of their marriage. These benefits include: Eligibility to receive Social Security benefits—but they will need to prove the number of years they lived together in ...
Is a domestic partner a spouse for Medicare?
Medicare Mythbuster: 'A Domestic Partner Is A Spouse For Medicare Coverage'?! A 2019 article from Forbes magazine discussing the myth that Medicare eligibility works the same for domestic partners (such as common law spouses) as they do for formally married spouses.
Do you need to prove common law marriage in Texas?
In order to apply for benefits, the Social Security Administration requires certain evidence be provided in order to prove your common law marriage under Texas law. See the resources below for more information
What age do you have to be to be a domestic partner?
Under the original Domestic Partnership Act, same-sex couples age 18 or older and opposite-sex couples age 62 or older had to meet the requirements of the Act to register a Domestic Partnership. The implementation of the Civil Union Act amended this requirement so that effective February 19, 2007, same-sex or opposite-sex couples must be age 62 ...
How to end a domestic partnership in New Jersey?
To end a Domestic Partnership, you must file a request for termination with the Superior Court of the State of New Jersey. Following termination, you are responsible for notifying any entity that you had originally notified when you entered into the Domestic Partnership.
How to show proof of domestic partnership?
To show proof of a Registered Domestic Partnership, you must obtain a certified copy of the Certificate of Domestic Partnership. A certified copy can be obtained from either the Local Registrar where the event was registered or the Office of Vital Statistics and Registry.
What Is A Common-Law Marriage?
Health and Welfare Benefits
- Employers sponsoring health and welfare plans, including insured and self-insured plans, should have clear plan terms so participants and eligible employees understand what common-law marriage means in relation to spousal benefits.
Leave Benefits
- The Family and Medical Leave Act (FMLA) requires employers of a certain size to provide up to 12 weeks of unpaid leave for qualifying reasons. These reasons can include the need to care for the employee’s spouse who has a serious health condition or handle a qualifying exigency arising out of a spouse’s covered active military duty. The FMLA also provides up to 26 workweeks of milita…
Verifying Common-Law Marriages
- Employers may require an employee in a common-law marriage to provide some sort of verification that the employee is legally married. Under the post-WindsorIRS and DOL guidance, the request should focus on the state where the employee established the marriage (i.e., the state of celebration), which might not be the state where the employee lives. Employers may request …
States Allowing New Common-Law Marriages
- Nine jurisdictions currently allow new common-law marriages, but states have some variations in the parameters required to establish a common-law marriage. The following table lists current common-law marriage states and their requirements for validity.
The Social Security Administration’S Rules on Common-Law Marriages
What Qualifies as A Common-Law Marriage?
- To make sure I fully understood the rules before sharing them with you, I reached out to my friend Lisa Shoalmire. Lisa is an Elder Law attorney and a founding partner of the Ross & Shoalmire, LLP Elder Law Firm. Lisa is well-versed in the rules around common-law marriages and how the SSA sees these relationships. Here’s what she told me: “Generally, the Social Security Administration …
Don’T Forget: The Rules May Vary, Depending on Your State
- It’s important to note that the rules in each state vary greatly on what is required to have a recognized common law marriage. Since the Social Security Administration takes its lead from individual state law when determining benefits eligibility, it’s important to understand where the individual states differ. The Social Security’s website has a state-by-state description of how eac…
Have More Questions?
- If you still have questions, you could leave a comment below, but what may be an even greater help is to join myFREE Facebook members group. It’s very active and has some really smart people who love to answer any questions you may have about Social Security. From time to time I’ll even drop in to add my thoughts, too. You should also consider joining the 100,000+ subscrib…