After a loved one dies, a surviving partner may believe they qualify as a common law spouse and are entitled to life insurance benefits.
Insurance companies frequently challenge these claims.
Understanding what courts actually accept as proof can determine whether the claim is paid or denied.
What Is a Common Law Spouse in Life Insurance Claims
A common law spouse is a partner who was not formally married but is treated as a spouse under certain state laws.
Not all states recognize common law marriage. Even in states that do, the requirements are strict.
Insurance companies often deny these claims automatically unless strong evidence is provided.
Why Insurers Deny Common Law Spouse Claims
Insurers deny these claims because
• there is no marriage certificate
• beneficiary designations may be outdated
• multiple people claim to be entitled
• the policy lists spouse without clarification
Without documentation, insurers often force disputes into litigation or interpleader.
Evidence Courts Actually Accept in Common Law Spouse Claims
Courts focus on objective proof rather than personal statements.
Commonly accepted evidence includes
• joint tax returns filed as married
• shared bank or credit accounts
• jointly owned property or leases
• insurance policies listing each other as spouse
• employer records identifying the relationship
• affidavits from third parties who knew the couple
The more consistent the evidence, the stronger the claim.
Evidence Courts Often Reject or Give Little Weight
Some evidence sounds persuasive but carries little legal weight on its own.
Courts often discount
• informal statements to friends or family
• social media posts
• greeting cards or personal letters
• self serving affidavits without corroboration
Insurers rely on weak evidence to justify denial.
The Role of Beneficiary Designations
If the policy names a specific beneficiary, that designation usually controls.
Problems arise when
• the policy lists spouse without a name
• the insured never updated beneficiaries
• competing relatives challenge the claim
In these cases, insurers often delay payment while demanding proof of marital status.
What Happens When Multiple People Claim the Benefits
When there is a dispute between a common law spouse and another claimant, insurers often file an interpleader action.
This shifts the fight to court and freezes the payout until the dispute is resolved.
Evidence quality becomes critical at this stage.
Common Mistakes in Common Law Spouse Claims
Mistakes can weaken an otherwise valid claim.
Common errors include
• assuming cohabitation is enough
• relying only on verbal statements
• failing to gather financial records early
• missing insurer deadlines
Once a denial is issued, correcting these mistakes becomes harder.
Why Timing Matters After a Death
Insurers begin building their defense immediately.
The evidence submitted in the early stages often defines the entire case.
Waiting too long or submitting incomplete proof gives insurers leverage to deny or delay payment.
Can Common Law Spouse Claims Be Won
Yes. Many common law spouse life insurance claims are successfully resolved.
Strong, consistent documentation often overcomes insurer resistance.
Understanding what courts actually accept as evidence can prevent unnecessary denial and delay.