Question
My previous employer recently found out that I am not, in fact, "legally" married. My spouse and I are commonlaw in the state of Texas. They claim they can take legal action. Is this correct or are they just trying to scare me. What definition does an insurance company use for a spouse?
Answer
It all depends on the insurance company. Your benefit book should include the information your looking for (that book you threw away).
Here is an example:
Who Qualifies as Your Dependant?
The following qualify as your eligible dependants for purposes of the plan:
*Your legal spouse;
* your unmarried children from birth to 19 years of age;
Each policy is different, have you called the insurance's customer service line and asked your question?
Did you pay for your insurance, your employer or was it joint contribution?
Answer
It was a joint contribution. I was told by the HR director that they go by the Internal Revenue Code in determining spouse eligibility.
Answer
You really need to check your benefit booklet or call the insurance company. You will want to check the actual wording for your policy. HR can say say anything, paper documentation speaks alot louder.
FYI if you do call the insurance company get a copy of your benifit booklet, or a copy of documentation stating the limitations for eligible dependants.
Answer
Hey, thanks a lot! I think what it boils down to is that they are mad I left the company for a direct competitor and are trying to "get back at me" any way they can.
Answer
Texas recognizes informal marriages, so an informal/common law marriage may be legal if it meets the requirements of such a marriage and is legal, requiring a divorce to end it. [quote] Texas: A man and woman who want to establish a common-law marriage may sign a form provided by the county clerk called a Declaration of Informal Marriage or show proof that they are living together and representing themselves to others as a married couple.. In addition, they must (1) agree to be married, (2) cohabit, and (3) represent to others that they are married.
How long have you lived togehter?
Do you have any children together, if so how was paternity determined?
do you refer to each other or present yourselves as married?
Have you filed taxes as married?
Were you free to marry?
Did you file a declaration of informal marriage?