From: jfb200@cbnewsd.cb.att.com (joseph.f.baugher)
Subject:  Re: Common-Law Marriage--Legal and Tax Issues
Organization: AT&T Bell Laboratories -  Naperville, Illinois
Distribution: usa
Date: Fri, 31 Jul 1992 13:10:41 GMT
Keywords: marriage, benefits, taxes


This thread on "common-law" marriage reminds me of my own situation  a
few years back.

When I first came to Illinois in 1971, I  lived  with  my  SO  without
benefit of clergy.  Initially, I never gave this "common-law" marriage
thing very much thought.  However, some things began to  happen  which
were to give me some pause and forced me to look at this question more
deeply.

First, a friend of mine who  was  in  the  same  situation  as  I  was
mentioned  that  I  should  be  careful  about staying in Illinois any
longer than 10  years,  because  "common-law"  marriages  lasting  any
longer  than that were considered as being "real" marriages in the eye
of the state.  I might actually unknowingly  end  up  in  the  married
state, even if I didn't want to be.

In addition, I was concerned about the  tax  aspects  of  "common-law"
marriage.   Could I and my SO legally file joint income tax returns as
a "married" couple?  Since my SO didn't work, we would end up paying a
lot  less  tax  if  I  could legally do this.  I checked into this and
found that the IRS specifically mentions in its 1040 instructions that
it  will  allow  common-law  couples  to file tax returns as "married,
filing jointly", so long as their "relationship" is not  a  "violation
of  any  local law".  Consequently, I wasn't too worried about the IRS
coming knocking on my door.

Since my SO didn't work,  I  naturally  had  to  worry  about  medical
insurance benefits for her in case she got sick.  Would she be covered
under my medical insurance policy?  I distinctly remember  reading  in
one  of  their  corporate  instructions  that  my  employer (the late,
lamented Teletype Corporation of  Skokie,  which  was  a  division  of
Western  Electric)  would  extend  medical  insurance  coverage to the
"spouse" in an employee's common-law marriage, so I didn't  worry  too
much  about  it  and  I assumed that she would be covered.  However, I
submitted a medical insurance claim for her in 1986, and the insurance
carrier  said "Sorry.  We don't cover spouses in common-law marriages,
since common-law marriages are not recognized in Illinois".

The rules had changed.  After doing some checking around, I found that
the national trend was for state governments to eliminate the category
of common-law marriage altogether.  Since I regarded the  prospect  of
having to pay crushing medical bills as being even less palatable than
the thought of being married, my SO and I legally  tied  the  knot  in
1987,  just to make certain that she could be covered under my medical
insurance plan.

Comments?


Joe Baugher			**************************************
AT&T Bell Laboratories		*  "You see, something's going to    *
2000 North Naperville Road	*   happen.  Something wonderful!"   *
P. O. Box 3033			**************************************
Naperville, Illinois 60566-7033		
(708) 713 4548				
ihlpl!jfb                   Who, me?  Speak for AT&T?  Surely you jest!	
jfb200@cbnewsd.att.com
Newsgroups: misc.legal