What to do if my husband and I filed a declaration of informal marriage with our county courthouse but my insurer won’t let me add him to my policy because they say that he is not my legal spouse?

Asked on September 18, 2015 under Insurance Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You have a couple of different options which vary in ease and expense.
The first and easiest option is to simply go to the JP and formalize the marraige.  After that, no one can complain and marriage is considered a qualifying even which could then be used to get him on your insurance.
Second option is to hire an attorney to send a demand letter to the insurer and employer explaining that you are common law married. 
Third option is to potentially sue the insurance company or your employer for refusing coverage.  This will really catch their attention... but not all of the attention may be positive. 
As I mentioned, unless there isn't a reason you can't go to the JP and formally tie the knot, then you simply need to get the employers attendtion with the suit.

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