Redefining the 'Spouse' - McDermott Will & Emery

Redefining the ‘Spouse’

Overview


Todd Solomon said that, in the wake of the Supreme Court’s Windsor decision and subsequent Department of Labor rulings, “Health coverage for same-sex spouses is no longer taxable from a federal-benefits-plan perspective; that’s a huge change.” He added, however, that “this only applies to same-sex spouses – it doesn’t apply to civil union partners and other unmarried partners,” also noting that such benefits may be subject to state tax.