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Common Law Marriage/New Jersey

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C

Caseytiff

Guest
My fiance and I have been living together as man & wife in New Jersey for over 9 years. He has just started a new job in New York and is filling out his health benefits form. It states that an eligible dependent would be wife, child or domestic partner. Would I be eligible to be covered under his health benefits as a domestic partner? Thank you.
 


I AM ALWAYS LIABLE

Senior Member
Caseytiff said:
My fiance and I have been living together as man & wife in New Jersey for over 9 years. He has just started a new job in New York and is filling out his health benefits form. It states that an eligible dependent would be wife, child or domestic partner. Would I be eligible to be covered under his health benefits as a domestic partner? Thank you.
My response:

Apparently, since the below-quoted article was written, the New York City Council has passed the "Domestic Partner Act" - a good indicator of that fact would be that it appears on your boyfriend's insurance application; otherwise it wouldn't appear.

However, you and your boyfriend aren't residents of New York City and, are thus, not covered by the Act. Merely working in New York doesn't qualify.

New Jersey is NOT a "common law" marriage State. I guess, you're just not in the "right" State. Time to move.

May 12, 1998
Web posted at: 10:54 p.m. EDT (0254 GMT)
NEW YORK (CNN) -- A proposed New York City law would create one of the broadest domestic partner policies in the United States by treating unmarried couples the same as those who are married, supporters of the measure said Tuesday.
The law addresses a host of emotional issues and details of everyday life that domestic partners face: Allowing bereavement leave for city employees, visitation rights in city-run facilities, tenancy succession rights, and allowing partners to be buried together in a city-owned cemetery.
Officials said the legislation would apply to homosexual and heterosexual couples registered with the city, recognizing domestic partners as equal to spouses in a range of services, benefits, city employee issues and civic responsibilities.
The legislation "moves closer to the ideal of human rights and treating everyone fairly," said Mayor Rudy Giuliani, a Republican whose office drafted the proposal.
Gay and lesbian rights advocates called the bill "unique" because it would extend rights beyond city employees. Other cities around the United States have largely addressed domestic partnerships in the context of municipal employee benefits.
The proposal is likely to receive quick passage in the Democratic City Council, where it has the support of Speaker Peter F. Vallone.
The Associated Press and Reuters contributed to this report.

IAAL
 

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