Common‑Law Spouse Claims Fact Sheet

Christian Lassen, Esq. | Quoted in The Wall Street Journal | 25 Years Experience Helping beneficiaries nationwide resolve life insurance disputes involving non‑married partners and common‑law spouses.

What Are Common‑Law Spouse Claims?

A common‑law spouse claim arises when a non‑married partner seeks life insurance benefits as a beneficiary. In some states, common‑law marriages are legally recognized, giving partners the same rights as married spouses. In other states, insurers may deny claims outright if the relationship was not formalized.

These disputes often lead to delays, denials, or interpleader lawsuits until the court determines entitlement.

Why Common‑Law Spouse Disputes Arise

Common scenarios include:

• Beneficiary designation lists a partner as “spouse” without formal marriage records
• State law does not recognize common‑law marriage, creating conflicts with children or legal heirs
• Disputes between current partner and ex‑spouse over entitlement
• Allegations of fraud or misrepresentation in claiming spousal status
• Employer or insurer errors in recording beneficiary information
• Confusion when federal programs (ERISA, FEGLI, SGLI) override state common‑law rules

What To Do If You Face a Common‑Law Spouse Dispute

1. Gather all beneficiary forms and policy documents.
2. Collect evidence of the relationship (shared residence, joint accounts, affidavits, etc.).
3. Review state law to determine whether common‑law marriage is recognized.
4. Request a complete copy of designation records from the insurer or employer.
5. Contact an experienced life insurance attorney immediately to protect your rights.

Your Legal Rights

• Courts determine entitlement based on valid beneficiary designations and applicable state or federal law.
• Common‑law spouses may have rights if properly designated or if state law recognizes the relationship.
• Beneficiaries can challenge improper denials and defend rightful claims in court.

Case Example

We helped a common‑law spouse recover $200,000 in life insurance benefits after the insurer denied the claim, arguing the relationship was not legally recognized. By proving the state recognized common‑law marriage and the designation was valid, we secured full payment.

Frequently Asked Questions

Q: Does every state recognize common‑law marriage? 

A: No only a handful of states recognize common‑law marriage.

Q: What if the policy lists “spouse” but no marriage certificate exists? 

A: Courts may accept evidence of a common‑law marriage if recognized by state law.

Q: Can an ex‑spouse contest a common‑law spouse’s claim? 

A: Yes disputes often arise between ex‑spouses and current partners.

Q: Do I need an attorney? 

A: Yes common‑law spouse disputes are complex and often involve litigation.

How We Help

• Investigate beneficiary designations and relationship evidence.
• Challenge improper denials based on marital status.
• Defend rightful beneficiaries in interpleader lawsuits and court proceedings.
• Secure payouts for families nationwide.

Contact Us

If you are involved in a life insurance dispute involving a common‑law spouse or non‑married partner, don’t wait. Early legal action often determines the outcome. Call 800‑330‑2274 for a free consultation. No fees unless we win.

Key Takeaways

• Common‑law spouse claims arise when non‑married partners seek benefits.
• Recognition depends on state law and policy terms.
• Beneficiaries have strong legal rights to challenge improper denials.
• Prompt legal action increases the chance of success.

Written & Reviewed by Christian Lassen, Esq., Nationally recognized life insurance lawyer: 25 years experience, hundreds of millions recovered.  Quoted in The Wall Street Journal ( May 17, 2025).

Last reviewed: Dec 7, 2025 | Contact 800-330-2274