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Can a Common Law Spouse Be Added to a Health Insurance Policy in Georgia?

Couples married through common law have the same rights as any other married couple, including health care or insurance benefits offered to a spouse. Though the state of Georgia no longer allows common law marriage, common law couples are still married and still have the right to insurance benefits. Talk to a Georgia attorney if you need legal advice about your marriage or health insurance questions.

  1. Common Law Requirements

    • Georgia allowed couples to get married through common law until 1997. To be married through common law in Georgia, you must have been of legal age to grant consent, lived together or cohabited and proclaimed to the general public that you were married. Though there is a popular misconception that you have to live together for a certain amount of time, this is not true and is not a requirement in any state.

    Common Law Marriages

    • Even though Georgia no longer allow common law marriage, a handful of other stats still do. If you are married by common law in one of these states, and later move to Georgia, you must still be recognized as a married couple. Simply moving to a state that does not allow you to get married through common law does not dissolve a marriage you legally entered into in another state.

    Health Insurance Policies

    • If you are married through common law, you are a married couple with the same legal rights and obligations as any other. If your health insurance policy covers your spouse as well, your spouse has the right to receive such coverage regardless of whether you were married through common law or through another form of marriage.

    Proving Your Marriage

    • A Georgia couple married through common law may have a more difficult time proving that a marriage exists than a couple that applied for a marriage license. If you have a common law marriage, and your insurance policy requires proof that you and your spouse are married, you may have to provide specific evidence, such as a joint tax return or a copy of a bill that indicates you are married.

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