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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10237
Experience:  Civil litigation attorney for individuals and businesses.
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The lady I want to form a companionship with is 69 years and

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The lady I want to form a companionship with is 69 years and I am 72 years old. She has had Tri-Care military medical insurance since being married to a military officer in the Army. She retained this military medical insurance with her divorce in 1997. It is understood she will lose this medical insurance if she officially remarries.
Does the military US Government consider us as being married if we have a private service, with a minister, with no marriage license, and nothing recorded. With no official documents our starting a companionship before God only.
Would the military US Government still consider us as being married and prosecute us for fraud for not dropping the Tri-Care military insurance.

William B. Esq. :

Dear Customer, marriage for the purposes of insurance, taxes, and other legal concerns is a legal matter. A ceremony alone does not create a legally binding marriage.

William B. Esq. :

I hope that the above information is helpful, if you have any questions, please use the “Reply to Expert Link” and I will follow up promptly. Once you are satisfied with your answer, please rate my service by clicking on the “OK” “GOOD” or “EXCELLENT” buttons, if you believe my service is anything less than “OK” please stop and tell me what additional information or clarification you need to make your experience satisfactory.


If you have any further questions, or if I missed or misunderstood what you were asking, please do ask and I will follow up promptly, You may continue to follow up if further questions arise even after rating my response.

Customer:

What you are saying is that our ceremony made before God does not make it a legally binding marriage. That is good for us.

Customer:

Can you find out if the military US Government would consider us married with respect to our not dropping the Tri=Care military medical insurance. Where would I find this information.

William B. Esq. :

You would not be considered married for governmental purposes absent taking out and completing a marriage certificate. I will make a second check for the state of Missouri for what is referred to as "common law" marriages, but that is a different matter and unrelated to what you are describing. Matters of who is and who is not married is left to the States, the Federal Government will not attempt to create its own standard.

William B. Esq. :

Dear Customer, I reviewed the issue of "common law marriage" in Missouri. Missouri has not recognized common law marriage for approximately 90 years, so that is not an issue for you.

William B. Esq. :

Here is the Missouri state requirements to create a legally binding marriage: http://www.mo.gov/home-family/marriage-divorce/


As it is my understanding that you want to create a marriage that is binding before God, but have no interest in creating one that is binding before the Courts, you can review this to confirm that without taking out the proper licensing, your marriage will not be recognized legally (I am certain that you already understand there are implications from this as well as benefits, but this is the standard).

Customer:

Could the military consider this a common law marriage and as such be a case of fraud. Could they come back on us for any monies paid out as insurance?

William B. Esq. :

I apologize I did not mean to confuse matters. Missouri has not recognized common law marriage for 90 years. There is no issue with common law marriage that could affect you or your companion.

William B. Esq. :

There is no issue of fraud in this matter. You are not getting legally married, you are simply participating in a ceremony. The State only recognizes those marriages that have followed the legal procedures necessary to be licensed.

William B. Esq. :

The federal government does not have a second level of evaluation for marriages, it relies on the state to record and track marriages, if you are not recognized as married by the state, you will not be recognized as married by the Federal Government.

Customer:

Ok thank you

William B. Esq. :

You are welcome, I am very sorry for any confusion I caused, and I wish both of you the very best.

William B. Esq. :

Please let me know if I can offer any further assistance.

William B. Esq. :

I hope that the above information is helpful, if you have any questions, please use the “Reply to Expert Link” and I will follow up promptly. Once you are satisfied with your answer, please rate my service by clicking on the “OK” “GOOD” or “EXCELLENT” buttons, if you believe my service is anything less than “OK” please stop and tell me what additional information or clarification you need to make your experience satisfactory.


If you have any further questions, or if I missed or misunderstood what you were asking, please do ask and I will follow up promptly, You may continue to follow up if further questions arise even after rating my response.

Customer:

There was no confusion. It was all in the way I ask the question. Thanks

William B. Esq. :

I am relieved to hear it, unfortunately this type of forum has a way of making it difficult to get something across from time to time.

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