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Must an employer's group health plan recognize an employee's in-state marriage?
My wife and I have been married since 2012. We lived in Washington, D.C.
We established a comomon-law marriage, which is recognized under D.C. law. The web site of the D.C. Department of Health confirms this is true.
We refer to each other as husband and wife, we live together, we have a joint bank account, I'm in her will and she's in mine, we own a house together, and we file taxes as married.
My wife's employer's group health insurance plan does not recognize our marriage and will not let me enroll in the plan under spousal coverage. We have already provided a notarized letter stating that we are married, and we also gave them a copy of our most recently prepared tax returns showing us as filing as married.
Her employer is a private corporation. It is not religious or connected to any church in any way, shape, or form.
The plan is located in D.C. If it was an out-of-state marriage, I might say they can refuse. But it's an in-state opposite-sex marriage. The plan is refusing to recognize our in-state marriage.
I can only imagine that ERISA applies here, and that ERISA requires a plan to recognize marriage law based on the law of the site of the plan, which clearly recognizes our marriage.
I could use some help please? Relevant laws, court rulings, and so forth requested in particular.
Thanks much.
4 Answers
- StephenWeinsteinLv 76 years ago
Excellent trick question. DC is not a state. Washington, DC, is not in any state. Your marriage is not in-state.
Seriously though, the answer to your question is it does not matter. The fastest and cheapest to solve this problem is to get married in a way that they will accept. Going down to a government clerk's office and getting married with vovw and paperwork would cost about $25 and take under an hour (not including traffic). Fighting them would cost a lot more and take a lot longer.
- Casey YLv 76 years ago
If your state does not recognize a common law marriage, then you need to have the marriage recognized in your state.
DC isn't a state BTW...just read your license plate...
- Trivial OneLv 76 years ago
I do not believe that an employer health plan has to recognize common-law marriages. The plan document likely has a section defining what a spouse is. It may well require that spousal status be provable by a marriage certificate. Check that first. Common-law marriages do not carry all the same legal rights as licensed marriages do.
- AnonymousLv 76 years ago
Correct, you have to "register" your common law marriage for the insurance company to recognize it. You register it, by buying a license at the local courthouse.