Would we be breaking the law if...

[adam531982]

What is the name of your state? WISCONSIN

My LIVE IN girlfriend just applied for insurance at work. My work does not offer insurance. Would we be breaking the law if (since were not married) she listed me as a "domestic partner" (gay-spouce equivilent)????? I hope not, cause I need coverage. Please let me know. Thank you in advance for your help.

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[ALawyer]

Various states have rules on what it means to be a domestic partner -- and if she says you are and you are not, it could be insurance fraud.

 

[Beth3]

The State of Wisconsin does not recongize domestic partners as legal dependents, so your girlfriend is not automatically entitled to claim you as a dependent on her employer's group health plan.

Some employers have voluntarily opted to provide coverage for domestic partners though. Those that do typically only allow an employee who is part of a same-sex couple (i.e. a gay couple) to claim their live-in as a dependent. While possible, it is unlikely her employer allows their employees to claim a heterosexual partner as a dependent for group health purposes, as the prevailing rationale is that heterosexual couples have the option to be married and have their union legally recongized - homosexual couples do not.

Your girlfriend needs to find out pronto whether what she did is allowable under the employer's plan. Look in her insurance booklet under the section entitled "eligibility" - that will explain which employees are eligible for coverage and who qualifies as an eligible dependent.

If your girlfriend inappropriately claimed you as a dependent, when the employer finds out (and they will), your grilfriend can expect to be terminated and you both can expect the carrier to come after you for the cost of any claims paid for you. If the employer or the carrier want to play hard-ball, they can go to the DA and file charges for fraud.