Legal Question in Family Law in California
Common law marriage
I have lived with my boyfried for 10 years. Under common law, I consider myself married. I
have elected to include him on my company benifits
plan as my spouse, so he can have Medical, dental,
and life insurance benifits. My questions are:
1) What kind of paper work should be filled out, if any?
2) Do I have to file this with some state agency?
3) Is adding him to my insurance, as my spouse legal?
2 Answers from Attorneys
Re: Common law marriage
California does not recoginse common law marriage. Neither of you have any rights of a spouse. If your company will allow you to list a boyfriend for benefits, hey, good for you. If you represent to your company that he is your husband in order to get benefits, that is fraud and you can go to jail for it.
Re: Common law marriage
California does not recognize common law marriage. It does however, have a provision for a confidential marriage. This allows one to have the record of their marriage kept confidential. This would allow you and your boyfriend get married without anyone learning about the marriage.
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