Legal Question in Insurance Law in California

Is it legal in California to marry another person strictly for health insurance? Does this constitute insurance fraud?


Asked on 5/26/10, 4:20 pm

2 Answers from Attorneys

Well it depends on whether you do in fact complete all the steps to be legally married. That includes the ceremony, returning the completed license after the wedding, and consumating the marriage, plus cohabitation and being responsible for one another's financial obligations. If you are willing to do all that to get health insurance, go for it.

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Answered on 5/26/10, 8:28 pm
Gerry Goldsholle Advocate Law Group P.C.

There are hundreds of good reasons for people to get married. Yet half of all marriages still end in divorce. (The others end in death.)

Wanting to provide for or otherwise take care of someone is a far better reason for getting married than many of the other reasons I have heard over the years. Even if by "taking care of" you merely intend to make the person you'll marry eligible for health insurance under your employer-sponsored health plan. That's not insurance fraud if you're talking about a legal marriage that's official in circumstances YOU BOTH ARE LEGALLY CAPABLE OF BEING MARRIED TO EACH OTHER. If one of you is already married or under the age of consent or lacking sufficient mental capacity that's another story. Or if the marriage was a fraud and sham, and intended to be used to qualify someone for a Green Card or immigration status, the Federal Government could consider that criminal.

Of course marriage involves FAR more than insurance. It creates all sorts of rights and obligations between the parties to the marriage, to the state and to 3rd parties. You'll be assuming the potential obligation to use your assets to support your spouse, you'll be entitled to inherit from each other, your earnings will become community property, you'd be empowered to make certain decisions for the other in the event of incapacity, you'd potentially have to pay alimony and support in the event of divorce or separation, and marriage also could impact your rights to various government benefits including welfare, social security, SSDI, etc. etc.

If you want to protect yourselves and the rights of your families of origin, getting 2 lawyers -- 1 for each of you -- to review a pre-marital agreement specifying various rights and any limitations you think is appropriate on what otherwise would come into play would be appropriate well in advance of the marriage.

You probably should speak with a lawyer you retain to get specific advice you can rely on, as marriage is far more complicated than insurance, and this advice is merely free advice of the type that is provided on http://FreeAdvice.com.

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Answered on 5/26/10, 8:42 pm


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