A plan must comply with a qualified domestic relations order, or QDRO a domestic relations order dividing benefits, typically in a divorce, which meets certain criteria. In the past month, same-sex marriage has gained momentum across the country as more federal judges reject state laws that have banned the unions. Thus, a plan may exclude all spouses of its employees from health coverage. A marriage can be ended only on divorce or death, either of which is also documented by a government agency. DOMA prevents same sex couples from claiming the survivors benefits extended to married couples. In many instances, the decision will be made to phase out such benefits after a reasonable transition period.
In many instances, the decision will be made to phase out such benefits after a reasonable transition period.
Analysis: Gay marriage rights may carry bigger U.S. tax burden for some
Any comments posted under NerdWallet's official account are not reviewed or endorsed by representatives of financial institutions affiliated with the reviewed products, unless explicitly stated otherwise. By contrast, except in those states with registered domestic partnerships, the existence of a domestic partnership can be much harder to document. A Note from Paul Solman: You should consult directly with an attorney for individual advice regarding your particular situation. Dependent care assistance benefits can be provided only for the care of a qualifying person. For an employer that has previously offered benefits to same-sex spouses, if all of its employees live in states that have previously both permitted and recognized same-sex marriages, no changes at all may be required. And in Alabama, a federal court struck down the ban on same-sex marriage, and the US Supreme Court declined to issue a stay on the decision, but the state supreme court issued a decision prohibiting probate judges from issuing marriage licenses to same-sex couples.
A church plan must permit the rollover by a same-sex spouse to his or her own employer plan or IRA, even if church policy does not recognize same-sex marriage. A marriage can be ended only on divorce or death, either of which is also documented by a government agency. A visit to this site or an exchange of information through this site does not create an attorney-client relationship. Politics Feb 12 McConnell: While the Affordable Care Act will impose certain tax penalties if employees are not covered, it does not apply to spousal coverage. Many domestic partner benefits are available only to same-sex domestic partners, not opposite-sex ones.