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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102372
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Divorced but still living in common law marriage in kansas.

Customer Question

divorced but still living in common law marriage in kansas. will KPERS spousal deny me life insurance claim?
JA: OK. The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no
JA: Please tell me everything you can about this issue so the Lawyer can help you best. Please give me a bit more information, so we can help you best.
Customer: Have State of Kansas KPERS spousal life insurance. We divorced but still living together as a married couple. I am stating on life insurance claim as Common Law Husband and Wife. Will KPERS spousal life insurance deny my claim as common law. He passed away a month ago.
JA: Is there anything else the Lawyer should be aware of?
Customer: not that I know! I have been paying the premiums through my employer.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year 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. I am sorry to hear about this situation. Can you please clarify: -did he pass away?-you were formally married, but divorced, correct?-did he list you as the beneficiary on the form before the divorce, and never changed it? This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
We divorced but maintained living as married. He died. I am listed as beneficiary on my kpers spousal policy.
Customer: replied 1 year ago.
I am going to list commin laa husband and wife on insurance form.
Expert:  Ely replied 1 year ago.
Thank you. The policy should pay out to someone in your situation, but not for the reason you think. Unlike many states, Kansas does not have an automatic revocation of insurance beneficiaries at divorce. That means that a party that is named as a beneficiary at divorce remains the beneficiary after the divorce unless changed. Kansas has a special law that mandates that as part of a divorce decree, he would be ORDERED to change the beneficiary. However, he either did not, or the decree was finalized before that law was in place. Either way, this means that someone in your situation remains the beneficiary. With the divorce in place, the (strong) presumption is that no common law marriage existed even if the parties still lived together. However even with that in mind, the point is that since the beneficiary is not voided by divorce, then one should get the payout. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Customer: replied 1 year ago.
It is spousal coverage through my employer. What would my relationship be then. It is through the state of kansas. Ishould i list common law spouse?
Customer: replied 1 year ago.
I pay through city employer ....
Expert:  Ely replied 1 year ago.
I cannot tell you what to put, I am sorry. Experts can only give general information. I cannot direct you to an action. You can place common law wife, but then someone (the company? his children?) may challenge this. If so, then someone in your situation would have the burden of proving that you were (again) married (this time by common law), and then it would be up to a Judge to decide. But the good news is that in addition, even if the common law marriage claim fails, one is STILL considered the beneficiary since he NEVER changed the beneficiary and Kansas does not have an automatic insurance beneficiary revocation law. 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.