Common Law Marriage and Insurance

[Jayde323]

I am moving to Connecticut from Texas. While living in Texas I was on my husbands health insurance (we are common law married but don't have the "paper") Connecticut does not recognize common law marriages but when my husband interviewed with his new company, they told him there was no problem adding me to his health insurance. Last week the rep from the ins. company came to the office and my husband was told I could not be on his policy unless we were legaly married. Is there any way around this without running to the JP? (we plan on having a huge wedding with all the family later on) The fact that I would be able to be on his insurance was a big selling factor for this big move. Any info would be helpful!!

Thanks!!

Jayde

 

[I AM ALWAYS LIABLE]

I am moving to Connecticut from Texas. While living in Texas I was on my husbands health insurance (we are common law married but don't have the "paper") Connecticut does not recognize common law marriages but when my husband interviewed with his new company, they told him there was no problem adding me to his health insurance. Last week the rep from the ins. company came to the office and my husband was told I could not be on his policy unless we were legaly married. Is there any way around this without running to the JP? (we plan on having a huge wedding with all the family later on) The fact that I would be able to be on his insurance was a big selling factor for this big move. Any info would be helpful!!

Thanks!!

Jayde

My response:

You said you "don't have the `paper'", and that concerns me. While in Texas, did you register your common law status with the clerk of City Hall or the Courthouse?

The reason I'm asking is that with a proper registration of your Common Law Marriage status, the United States Constitution requires every state to accord "Full Faith and Credit" to the laws of its sister states. Thus, a common-law marriage that is validly contracted in a state where such marriages are legal will be valid even in states where such marriages cannot be contracted and may be contrary to public policy.

Therefore, if you have your paperwork from Texas, tell the insurance company "you are absolutely, 100%, wrong!! We are married according to Texas law, and YOU MUST recognize that fact, or we're suing."

Of course, if on the other hand, you never registered your common law marriage as required by Texas law, you were never married and, thus, the Connecticut insurance company is absolutely correct.

IAAL

[Edited by I AM ALWAYS LIABLE on 11-25-2000 at 10:28 AM]