Legal Question in Health Care Law in Florida
Is it legal for an employer to tell their employees that only legally married spouses are eligible for health coverage but then turn around and say that 'same sex domestic partners' are also eligible. I am a common-law wife and I am not eligible because we are not legally married. BUT,,, neither are the 'same sex domestic partners', and they are eligible. Do I have a discrimination case here?
1 Answer from Attorneys
No. Florida does not recognize "common law marriage." You can get married, while the same sex partners are not permitted to, but would if they could. In your case, it is your choice not to get married and, therefore, your choice not to be covered. You have no more rights that a girlfriend and stand in exactly the same position; girlfriends are not eligible for health care coverage either.
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