Partner’s Right to Care

Partner’s Right to Care

What is the right of a common law partner in respect of medical-care after divorce or death?


Depending on state law in your state, and the facts governing your relationship, you might be deemed a common law spouse and then have the same rights as a spouse or former spouse. In other states the rights of a partner will carry far less weight. There is significant variation in state laws. That may not, however, mean that the insurance companies, medical providers, state programs, etc. will recognize you as being the same as a spouse or former spouse. In the event of divorce (or since you're a partner and not spouse, a termination of the partnership) whatever legal agreements you negotiate should govern what the arrangement between the two of you is. You really need to consult with a family law specialist in your state that has experience with non-marital partnerships. As to the insurance issues, a health care insurance expert, should be consulted as well. You then be in a better position to negotiate a settlement. Sorry we cannot be more specific. Good luck.

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