Adding A Life Partner To Your Health Insurance: Is It Possible?

If you're married, you can add your spouse to your health insurance plan. In the US, you can do this during Open Enrollment or within 60 days of getting married. You can also add your spouse to your plan if they lose their insurance coverage. If you're in a domestic partnership, you may still be able to add your partner to your health insurance plan, but this depends on your insurance provider and the state you live in. If your insurance provider does allow this, you'll likely need to sign an affidavit confirming that you've lived together for at least six months, are both 18 or older, and share financial responsibilities, among other things.

What is a domestic partnership?

A domestic partnership is a legally recognised relationship between two people who live together and share a domestic life as if they were married but are not married or joined by a civil union. Domestic partnerships are very similar to marriages, and they are available to both same-sex and opposite-sex couples.

The definition of a domestic partnership varies depending on the state or city. In some states, a domestic partnership is referred to as a civil union. While marriage is a legally recognised union with rights and responsibilities at the federal and state levels, domestic partnerships are typically recognised only at the state or local level, with fewer rights.

To enter a registered domestic partnership, a couple must meet certain requirements, which vary by state law. Typically, both parties must be adults (usually 18 years of age or older) and not related by blood in a way that would prevent a marriage. They must live together (have a common residence) and be in a committed relationship. In many places, the couple must file a Declaration of Domestic Partnership with the Secretary of State or City Clerk. This is an official document that publicly declares their commitment to each other.

People in domestic partnerships enjoy similar benefits to married couples, including health insurance coverage. However, they don't get all the benefits of marriage, and there is no federal requirement for employers to include domestic partners in their benefits plans. The benefits of these types of unions vary by state and jurisdiction. Some common benefits of domestic partnerships include the ability to get coverage on a family health insurance policy, the right to family leave for a sick partner, the right to bereavement leave, and visitation rights in hospitals and jails.

When can I add my spouse?

When you get married, you can add your spouse to your health insurance plan. The time frame for doing this varies depending on the type of insurance you have. If you have a healthcare plan through your employer, you can add your spouse during Open Enrollment, a period once a year when you can adjust your current plan or sign up for a new one. The Open Enrollment dates are set by your employer. If you have insurance through the Affordable Care Act (ACA), Open Enrollment usually takes place between November 1 and January 15.

You may also qualify for a Special Enrollment Period (SEP) after your wedding date. This is a window of time, usually 30 to 60 days, when you can make changes to your health plan outside of the Open Enrollment Period. You can also qualify for an SEP if your spouse loses their insurance coverage.

If you are in a domestic partnership, you may be able to add your partner to your health insurance plan, depending on your state and employer. Some states and employers recognize domestic partnerships and offer health insurance benefits, while others do not. You will likely need to provide documentation proving your relationship meets certain criteria, such as cohabitation and financial interdependence.

If your employer does not offer domestic partner health benefits, you may be able to add your partner to your plan if you pay the premiums. Alternatively, you can explore other options, such as purchasing a separate health plan for your partner or enrolling in a family health insurance plan that includes domestic partners.

Can I add a significant other if we're not married?

It is possible to add a significant other to your health insurance plan if you are not married, but it depends on whether your relationship qualifies as a domestic partnership. A domestic partnership is a committed relationship between two adults who live together and share their domestic life as if they were married.

To qualify as a domestic partnership, you will need to provide documentation proving that your relationship meets certain rules. These rules vary depending on the state you live in, but generally include the following:

• You have lived together for at least six months.
• You are both 18 or older.
• You share a close personal relationship and are responsible for each other's welfare.
• You are not married to anyone else.
• You share the same regular and permanent residence with the intention to continue doing so indefinitely.
• You are jointly financially responsible for basic living expenses, such as food and shelter.
• You were mentally competent to consent to the contract when the domestic partnership began.

It is important to note that not all states recognize domestic partnerships, and even if they do, it may be up to your employer or health plan to decide whether they will allow you to add a domestic partner to your plan. Additionally, federal programs such as Medicare and Medicaid do not recognize domestic partnerships and therefore do not offer health benefits to domestic partners.

If your relationship does qualify as a domestic partnership, you can add your significant other to your health insurance plan during the initial enrollment, open enrollment period, or a special enrollment period triggered by a qualifying life event, such as the arrival of a new child.

What are the tax implications?

The tax implications of adding a life partner to your health insurance depend on whether you are married or in a domestic partnership.

If you are married, your spouse is entitled to certain tax-free employee benefits. However, if you are in a domestic partnership, you may face adverse tax consequences as domestic partnerships are not recognised by the federal government. This means that the premiums paid for your partner and any dependents are considered income for tax purposes. As a result, you will have to pay income tax and Social Security taxes on the premium with each paycheck.

The tax consequences of adding a domestic partner to your health insurance can be broken down into two parts: the employee-share of the premium and the employer-share of the premium. The employee-share of the premium must be paid with after-tax payment, while the employer-share of the premium is considered federal imputed income. This means that the employee will have to pay income tax on the value of the benefit, also known as "imputed income".

The IRS considers health coverage for a domestic partner a taxable fringe benefit that must be included in the employee's gross income. The employee must receive imputed income for the employer's share of the premium paid for the domestic partner's coverage. This is subject to withholding and payroll taxes and must be reported as income on the employee's Form W-2.

It is important to note that if your domestic partner meets the criteria for a qualifying relative under Code §152, as modified by §105(b), you may be exempt from these adverse tax consequences. In this case, the employee does not pay income tax on the value of the benefit. It is the responsibility of the employee to report if a domestic partner is a qualifying relative for tax purposes.

What are the healthcare rights for people in domestic partnerships?

Domestic partnerships are when two people live together and share a domestic life, but are not married or joined by a civil union. People in domestic partnerships enjoy the same rights and benefits as married couples, including health insurance coverage. However, it is important to note that domestic partnerships are not federally recognised in the US, so the rights and responsibilities surrounding them vary by state.

In most cases, you will need to prove your domestic partnership to be eligible for health insurance benefits. This could be done through registration in the local domestic partnership registry, an affidavit certifying your relationship, or other documentation. Insurance companies typically require that you and your domestic partner meet specific criteria, such as:

• Cohabiting for 6-12 months and intending to continue doing so
• Being unrelated by blood
• Being financially interdependent
• Being at least 18 years old
• Not being married or in a domestic partnership with anyone else

Some states, like Washington, offer domestic partnerships for those older than 62 and their partners, as long as they meet the age and cohabitation requirements. This is because some seniors might lose pension benefits from a previous spouse if they remarry.

If a couple qualifies, domestic partners may have hospital visitation rights, make medical decisions for their partner, take paid medical leave to care for their ill partner, have bereavement leave, and plan a funeral and burial.

Frequently asked questions