Insurance Documentation

Get Legal Help Today

 Secured with SHA-256 Encryption

Insurance Documentation

My company has denied my spouse benefits who does not work elsewhere because we do not have documentation that we are married, other than a marriage license. I do not own a home or file joint taxes with my husband. I do have a lease. They will not accept these as documentation and this is discriminatory. What are my legal options? This is a Fortune 500 company in which I pay for benefits.

Asked on March 6, 2019 under Employment Labor Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

A marriage license is proof of marriage. Joint home ownership is not (what about renters? About a married couple moving into a home of them had previously owned or into their parents' home? etc.) and joint tax filing, while common, is not required for spouses.
Unfortunately, neither federal law nor your state's law makes it illegal to discriminate on the basis of marital or family status, so you don't have an easy option--you can't, for example, file a discrimination claim, because legally, this is not discrmination. 
You could file a lawsuit against your company seeking a declaratory judgment (court determination) that you are married and court order that you and your spouse be provided benefits. That can be expensive if you hire an attorney, or complex if you try to do it as your own lawyer ("pro se"). 
Another option is to go over the benefit's team head: e.g. contact the insurer directly, see what information they need, then present that to the team--and if they don't relent, to go upper management and ask them to intervene.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption