Legal Question in Criminal Law in California

Re: insurance fraud?

This response is in general terms. A better source of information would be someone who devotes a large majority of their practice to family law. However, since it was directied to me, I want to offer what assistance I can.

I think the issue is not whether she can get into trouble, if by troubly you mean criminal charges. What is at issue is whether she will be covered by the insurance if the carrier requires that the covered person actually be married to the employee. Since California does not recognize common law marriages achieved in California, this may be a problem. If they disclose their relationship and the carrier still accepts them, all is well.

That being said, it is also not out of the realm of possibility that the carrier could say a criminal fraud has been committed if a claim for payment is submitted for the woman or her daughter under the policy if the policy requires that the two adults actually be married and they have not disclosed their true relationship.

Re: insurance fraud?

One solution to the problem would be for this couple to go through a confidential marriage. They would obtain a California marriage license, but that would not be a public record. They would then be legally married without announcing to the world that they had lived together without being married.