SCENARIO
SOLUTION



We are not actually married, but live as common law spouses.

The plan must first allow a common law; and then the plan participant must reside in a state which recognizes common law marriage. The plan participant and common law spouse complete a notarized Affidavit of Common Law Marriage which details the specific requirements for that state.

In addition, two forms of documentation establishing a common household are required. The plan may allow opposite gender domestic partners. If so, the dependent may be changed to a DP.

All requirements for a Domestic Partner must then be completed. This may result in tax implications regarding imputed income. Chapman Kelly does not provide details regarding this situation.

We were married in Vegas – they didn’t give us a marriage certificate.

Nevada, along with every other state, will provide you with a certified marriage certificate.


My divorce decree stipulates that I maintain health insurance for my former spouse.

Regardless of the decree, the employer is not required to carry a former spouse. The plan participant is responsible for paying the cost for insuring the former spouse via COBRA or another source.

If a plan does allow coverage for a former spouse, the plan participant will be required to provide the divorce decree, along with an affidavit certifying neither spouse has remarried.