Can a domestic partner who is considered a spouse by common law marriage get the death benefit of a policy with no named beneficiary?
Free Insurance Quote Comparison
Secured with SHA-256 Encryption
UPDATED: Jul 16, 2021
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.
It’s possible for a common law spouse to receive life insurance death benefits when no beneficiary is named on the policy if the common law spouse is the executor of the deceased’s estate or if the couple lives in a community property state. As the executor of the estate, the common law spouse would be required to settle all debts and then could allocate any remaining assets according to the will. If there is no will, the common law spouse could allocate the assets as they see fit. In a community property state with common law marriage provisions, they would not only be given the death benefit proceeds, but would also be responsible for the debts of the deceased partner.