Can I Put My Fiancee on My Insurance As a Dependent in California?

In 2005, the California Legislature enacted new groundbreaking domestic partnership legislation, and paved the way for California to become the first jurisdiction in the nation to allow domestic partners to become insured through their significant others' insurance policies. The California Insurance Equality Act supplements the California Domestic Partnership Rights and Responsibilities Act of 2003, and through both sets of laws, same-sex domestic partners and, in some cases, opposite-gender domestic partners are able to obtain insurance coverage as dependents.

California Insurance Equality Act

• The California Insurance Equality Act prohibits employers from asking for further proof of domestic partnership if they do not require married employees to submit further evidence of marriage to obtain dependent health coverage. As a nondiscrimination act, it further prohibits insurance carriers from denying coverage to domestic partners if they provide health benefits to married spouses. Thus, California insurance providers must provide identical benefits to domestic partners as they provide to married spouses.

Requirements for Coverage

• The California Insurance Equality Act applies to registered domestic partners. Thus, for an insured to cover either his same- or opposite-sex domestic partner, both partners must first register their domestic partnership with the California Secretary of State. The Secretary of State provides the partners with a "Certificate of Registration of Domestic Partnership" after they file a "Declaration of Domestic Partnership." Pursuant to the California Family Code Section 297, domestic partners are two individuals older than 18 who share an intimate relationship.

Exceptions to Domestic Partnership Coverage

• Although the California Family Code broadly defines what is necessary to form a domestic partnership, the act further states that domestic partners are those that are unmarried, unrelated, residents of the same household and members of the same sex. However, the act provides an exception to the same sex requirement for unmarried opposite sex cohabitants when at least one domestic partner is older than 62, as defined the federal Social Security Act.

  As an effort to provide same-sex partners with equal rights that married spouses have, the California Legislature enacted the legislation with the goal of providing rights to unmarried same-sex partners who although in long-term relationships, were unable to obtain basic health insurance coverage as covered dependents. Reasoning that unmarried opposite sex couples could simply enter into a legal marriage, while same-sex partners did not have that option, the California Legislature specifically limits coverage to same sex partners and a few opposite sex partners.

Limitations

• As a state law, the California Insurance Equality Act does not pre-empt federal regulations. Domestic partners or fiancées cannot demand health insurance coverage as a federal right. For instance, a federal law such as the Consolidated Omnibus Budget Reconciliation Act, or COBRA, does not apply to unmarried partners. COBRA applies to married spouses and dependent children. As such, an unmarried California resident cannot seek continuing health coverage after termination of employment through a federal law, such as, COBRA. However, employers can voluntarily provide COBRA benefits to unmarried workers.

Considerations

• Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.