Woodbridge, VA asked in Employment Law and Contracts for Virginia

Q: Am I legally allowed to sign this affidavit in order to get my partner benefits through my new employer?

I have recently started a new job, and my employer offers to extend benefits to Domestic Partners of employees. I have been living with my partner for over three years now, and we were just about set to sign all necessary enrollment paperwork. Before doing so, I must sign an "Affidavit of Domestic Partnership" which attests several things. All of them are relevant and correct, but the wording of a single bullet point has given me pause. It states, "You and your partner must have resided together in the same principal residence for at least 6 months...". The only potential problem is with the word "principal," as my partner has never officially changed her address to where we reside. That is, with regards to any official / government records, her address is still listed as a previous address to which she still has a connection. Does this fact disqualify us because it is not officially her "principal" residence? This form is for my employer, not an insurance company.

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1 Lawyer Answer

A: You should check with a Virginia contract attorney to be sure of this, but generally, the answer to this question will depend on whether the affidavit defines the word "principal" anywhere. If the word "principal" is capitalized in your affidavit, this likely means it is a defined term. If this is the case, you should ask your HR department if they can give you a copy of the insurance plan or guide that covers domestic partners, since this is likely where this term would be defined.

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