An insurance company that offers health coverage to opposite-sex spouses must do the same for same-sex spouses.
Protections against discrimination
As long as a couple is married in a jurisdiction with legal authority to authorize the marriage, an insurance company can’t discriminate against them when offering coverage. This means that it must offer to same-sex spouses the same coverage it offers to opposite-sex spouses.
This is true regardless of the state where:
- The couple lives
- The insurance company is located
- The plan is sold, issued, renewed, or in effect
Married same-sex couples and lower costs
The Marketplace also treats married same-sex couples the same as married opposite-sex couples when they apply for premium tax credits and lower out-of-pocket costs on private insurance plans. This is true in all states.
In most cases, a married couple has to file a joint federal tax return to be eligible for a premium tax credits and other savings on a Marketplace plans. Learn about the limited exceptions to the joint-filing rule.
When you apply for coverage in the Marketplace, you’ll be asked if you’re married. If you and your spouse plan to file a joint federal tax return for 2016, select “yes.”
More information for same-sex spouses
Get more information about answering Marketplace application questions about your family and household.