Legal Question in Health Care Law in Georgia

I have no idea what realm of law this falls into, but here goes. I no longer have health coverage of my own, and my common law husband wants to add me to his. As far as my research shows, our common law marriage is still valid in the state of Georgia, since we have been common law since 1989, most of it in the state of Georgia, so we are pre-1997, grandfathered in. Since I am legally his spouse in the eyes of the law, then he should be able to add me to the policy with no problem, but he is worried for some reason that the health ins company will reject coverage for some reason. So my question is this, can I legally be added to his policy? Thanks in advance for help with my bizarre problem, lol.


Asked on 3/15/11, 1:19 pm

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

You can ask for a guess here, that won't help you, or your husband can read the terms of his policy (which we don't have) and proceed with the application process and find out.

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Answered on 3/15/11, 1:22 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

If you truly do have a common law marriage, likely all he needs to do is add you and list you as spouse.

Where you could have a problem is if the employer needs documentation of the marraiage. Many employers would accept an affidavit prepared by a lawyer.

Another option: get a marriage license and have a judge sign it.

Feel free to call me with details.

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Answered on 3/15/11, 3:04 pm


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