Are same-sex spouses treated in the same way as opposite-sex spouses for federal employee benefits purposes?
Yes, since the 2013 decision of the U.S. Supreme Court struck down the Defense of Marriage Act, which had defined marriage for federal benefits purposes as only between a man and a woman. The court decision made “legally married” same-sex spouses, meaning those married in a jurisdiction that recognizes such marriages (including in a foreign country), regardless of place of residence, eligible as spouses under policies for flexible spending accounts, insurance programs, retirement survivor annuities, and the Thrift Savings Plan.

Children of legally married same-sex couples also must be treated for federal benefits purposes the same as children of married opposite-sex couples.

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