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If it is legally recognized by the state, the insurance company is bound to acknowledge it. But most states no longer recognize common law marriages. Consult an attorney in your state.

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Q: Do insurance companies acknowledge common law marriage?
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Why is common law marriage not acknowledge in Maryland but in other states?

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Is it legal for a life insurance company not to pay benefits to a common law wife?

Who is the beneficiary on the policy? insurance companies state "spouse" in all of their paper work, and you can not be a spouse without being legally married. i suppose it has to do with people being able to take out policies on each other without having legal rights to do so. common law is not considered a legal marriage between two people.