Common Law Marriage-- Frequently Asked Questions

Q. What is a common law marriage?

A. Common law marriage is a non-ceremonial marriage that is recognized by the law based on the actions of the two parties involved. Mere cohabitation does not meet the criteria defining common law marriage. Only ten states and the District of Columbia recognize common law marriages. Virginia and Maryland do not recognize common law marriage. A common law marriage carries with it all the privileges and obligations of a ceremonial marriage, including any applicable tax, pension, and other financial obligations.

Common law spouses must be at least 18 years of age and may not be related by blood to a degree of closeness which would prohibit legal marriage in the State in which they legally reside.

Q. How does a person enter into a common law marriage?

A. For a relationship to be considered a common law marriage, the couple needs to agree that they are married, live together, and hold themselves out as husband and wife. In the District of Columbia, there must be a mutual agreement expressed in the present tense, and both parties must be eligible to marry (i.e. not already married to someone else.)

Q. What privileges and obligations result from entering into a common law marriage?

A. Under the law in the District of Columbia, common law marriage results in the same privileges and obligations as a ceremonial marriage officially recorded by the District government.

 

Q. I don’t live in the District, but I believe my spouse and I meet the criteria for a common law marriage. Is my spouse eligible for benefits?

A. In order for a common law spouse to be eligible for spousal benefits, you and your spouse must either currently live in the District of Columbia or have entered into a common law marriage in a state that recognizes common law marriage prior to living in Maryland or Virginia. Maryland and Virginia do not allow the formation of common law marriage, but will recognize any common law marriage formed while the parties were living in a state that grants common law marriage recognition. If Maryland or Virginia would recognize the employee and their partner as common law spouses, then the University will also recognize the marriage.

Q. For what benefits is a common law spouse eligible?

A. A common law spouse will be eligible for the same benefits for which spouses would be eligible, unless precluded by government statute or regulation. All eligibility requirements must be met for specific benefit entitlement for each benefit plan.
If you are a benefits-eligible employee, your common law spouse may be eligible to obtain health and dental insurance coverage and tuition remission benefits, consistent with University policy.
If you elect Voluntary Legal Services, your common law spouse will be covered in accord with the provisions of the Plan.

Q. What is the cost of adding health and/or dental coverage for my common law spouse?

A. Payroll deductions for health and/or dental coverage are the same as those for employees who cover spouses from traditional ceremonial marriages. Current premium charges are available from the Benefits Office.

 

Q. How do I begin the process of obtaining benefits for my common law spouse?

A. A form entitled "Declaration of Common Law Marriage” is available online at http://www.gwu.edu/~hrs/forms or from the Employee Benefits Administration Division office at 2033 K Street.
You and your common law spouse must complete this Declaration, including attesting to the truthfulness of the information you provide.
The University may require proof of joint responsibility as defined in the Declaration. You may complete the Declaration at any time, subject to the eligibility requirements described above. Once the University has accepted it, you have 30 days from that date to add qualified dependents to your health and/or dental coverage.

Q. How do I obtain health and/or dental insurance for my common law spouse?

A. If you are a new employee who is benefits eligible, you may be eligible to enroll your common law spouse at the same time you enroll yourself, subject to University policy on eligibility and provided that you complete the appropriate Declaration(s) and the University accepts it. You may also be eligible to enroll them during the annual open enrollment period.

If you are not a new employee or if you complete the Declaration at any other time, you will have 30 days from the date the University accepts the Declaration to add your common law spouse to your health and/or dental coverage. To do so, you will need to complete benefit change forms. These forms are available from the Employee Benefits Administration Division. You may submit the change forms with your Declaration to expedite processing, with the understanding that such changes will not become effective unless the Declaration is accepted by the University.

 

Q. What existing benefits might I need to review and amend in light of my adding a common law spouse to my benefits?

A. The IRS allows common law spouses to file jointly if they live in a state that recognizes common law marriage. Check the IRS website at http://www.irs.gov for more information on filing status. You may also want to review the number of exemptions taken on your W-4. Forms are available on the IRS website or at the Benefits Office.

If you participate in a retirement plan, your common law spouse is eligible to be the named beneficiary of any survivor annuities should you die before your spouse. Contact the Employee Benefits Administration Division about how to ensure your common law spouse is listed as the beneficiary for survivor retirement benefits. In addition, if you are approaching retirement from the University, check with the retirement plan administrator about selecting the type of retirement benefit distribution you will receive including options available for a surviving spouse. For detailed information on the retirement plan benefits, go to http://www.gwu.edu/~hrs/pdf_files/retirementplan_fac_staff.pdf.

Q. What happens if we terminate our common law marriage?

A. Once parties are married, even if at common law, their marriage has the same status as a ceremonial marriage. Termination of a common law marriage requires the same type of divorce as a ceremonial marriage, which means the divorce is by court order. Within 30 days of this change in status, the employee must notify the University. Health coverage for the former spouse will terminate on the last day of the month that eligibility for that coverage ceased.