Legal Question in Business Law in Texas
Health insurance company does not have a problem with the informal marriage license that my wife and I have but the company I work for does not recognize the license as valid. I sent them a copy of our license, tax forms that show us a married joint, Chapter 13 papers that shows she is my spouse, and joint checking account info. They still say they are denying her coverage because they do not recognize our marriage. We live in Texas and the license is filed in our county clerks office. I thought we have the same rights as a person who is married by judge or pastor. Is there anything we can do?
1 Answer from Attorneys
You are correct: your marriage is equally as valid as a formal marriage in the state of Texas. It is not for your employer to decide how a marriage is valid in this state. File a claim against the plan for benefits. Follow the claims and appeals process in the plan's SPD. If that fails, follow the appeals process. If that too fails then your option will be to file suit to enjoin the plan from denying you benefits.
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