Legal Question in Family Law in Kansas

Common Law Marriage / Insurance

My husband and I are considered to be common law married in the state of KS. I inquired about adding him to my insurance policy at work. I was told that the insurance company does not recognize CLMs. So, he was not enrolled. Upon receipt of the benefit descriptions, the ins co defines spouse as ''A subscriber's spouse or eligible former spouse as defined by applicable state law or court decree.'' Since CLM is recognized in KS, they have now changed it and said I can add him to my policy, however they are requesting that I provide documentation of our CLM. Can they require documentation? And if yes, what documentation is sufficient to justify CLM? Thank you for your time and consideration.

Asked on 5/15/07, 5:28 pm

1 Answer from Attorneys

Rian Ankerholz Ankerholz and Smith

Re: Common Law Marriage / Insurance

An Affidavit signed by both "spouses" which acknowledges fulfillment of the Kansas common law requirements for common law marriage should suffice. Consult an experienced family law attorney.

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Answered on 5/15/07, 6:21 pm

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