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Attorney2
Attorney2, Attorney
Category: Family Law
Satisfied Customers: 5866
Experience:  28 Years Experience in Family Law
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I have a complicated question that can qualify as an

Customer Question

Hello, I have a complicated question that can qualify as an insurance/family hybrid
My husband and I are now legally divorced but are living together, coparenting and no plans to separate. ( long story). We share bank accounts and live as domestic partners in a way. We also have a teust together
Question: im still on his insurance, which is fine when married, not fine if duvorce but his employer does cover domestic partners
I also have my own insurance ( not as good", so I prefer to stay on his
What are potential risks ( eg how would his insurance find out If we are divorced and since we live together can we just prove that and still be covered?)- my fear is that a big bill comes and they somehow find out we ar divorced ( few years down th line even), and come after me. I've heard stories. But if we never were married in the first place I think it would be ok to be on his insurance because of joint bank account, lease etc. Thoughts?
( can I be on both and worse case scenario my own insuranc hopefully would pay if his refused)? What are the Risks?
Submitted: 2 months ago.
Category: Family Law
Expert:  Ely replied 2 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

1) Normally, insurance does not go around checking whether someone is falsifying about marriage. However, once in a while, some companies do an audit. So the insurance company may request a copy of the marriage license, or, simply will check themselves (it IS public record). So while unlikely, there is a possibility of an audit.

2) If this happens, you would be dropped if the company finds out you are not (or rather, no longer) married. Then, the insurance company may sue you for fraud, seeking to get back any money that they paid out, if the pay out is more than they have received from added premiums of you being on the policy. They can also ask that you be liable for the their attorney/legal fees in any judgment. That is the worst case scenario. Best case scenario, they simply drop you and forget the matter.

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Customer: replied 2 months ago.
But what about the fact we live together and share bank account? My friend has a policy with her ex and they've never been married. If insurance company tells me I'm not married, can I tell it "but we are domestic partners", and if prove we live together and share bank account, since they do have domestic partner policy wouldn't it apply?
Expert:  Ely replied 2 months ago.
But what about the fact we live together and share bank account?
That is not marriage and CA has no common law marriage. So this does not matter.
My friend has a policy with her ex and they've never been married.
Then they are also doing what you are doing - this is not lawful. Or, she has COBRA, perhaps. Or, their insurance covers domestic partnerships and this is what they are.
If insurance company tells me I'm not married, can I tell it "but we are domestic partners", and if prove we live together and share bank account, since they do have domestic partner policy wouldn't it apply?
Domestic partnership has to be filed for in CA. It is not automatically formed by living together or sharing an account. So this would not work.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 2 months ago.
Actually company policy states that all I need is to sign alpha david ( attached) telling them that we are committed, intimate and over 18. No legal registration with state required. Does it change things?
Expert:  Ely replied 2 months ago.
No. This is an AFFIDAVIT for domestic partnership, meaning it is a request by the company to CONFIRM you are in one.
You have to register your domestic partnership with CA for it to be valid. See
www.sos.ca.gov/registries/domestic-partners-registry/frequently-asked-questions/#question3
Otherwise, under Ca law, there is no domestic partnership.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 2 months ago.
But it says nowhere on Nvidea site that we must register with the state just asks a couple of questions! I'm guessing you are wrong ;(
Expert:  Ely replied 2 months ago.

Hello,

No problem. I will mention that I have actually been involved in a suit of a couple in a very similar circumstance sued by their former employee for claiming a false common law marriage for insurance purposes. Granted, different facts, but the overall issue is the same.

The affidavit from a private party cannot create a Domestic Partnership. That affidavit is asking you to affirm that you are in a Domestic Partnership, which in CA has to be registered by a document being sent to the Secretary of State of California to be recognized. Just like the link says:

www.sos.ca.gov/registries/domestic-partners-registry/frequently-asked-questions/#question3

But if you're guessing I am wrong, then I cannot help. I will opt out and another expert can help you. Good luck.

Customer: replied 2 months ago.
apparently different sex couples can't even register as domestic partners in ca .... Yet company allows the insurance yet u say we shouldn't?
Expert:  Attorney2 replied 2 months ago.

I am a different Attorney and it will be my pleasure to assist. If the insurance permits coverage for domestic partners (which is up to the individual insurance company) and you qualify under what the insurance company defines a domestic partnership the State law is not relevant as you have a contract with the insurance company. You can set up estate planning that avoids probate where marital status will not matter either and have everything pas outside of probate. . I would set a consultation with a local estate planning attorney. Where are you located.?

I know plenty of couples that qualify as domestic partners for insurance purposes. Please let me know how I can continue to assist you.

Expert:  Attorney2 replied 2 months ago.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter as it would be my pleasure to assist you.

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