How To Administer Benefits to Same-Sex and Cohabitating Partners
This week the Supreme Court struck down a key provision in the Defense of Marriage Act, essentially clearing the way for same-sex marriages in states where those are allowed. For Group Benefits Administrators in plans that only cover spouses in traditional marriages this presents a complex set of problems. Consider for a moment that only 13 states recognize same-sex marriages while the rest do not. Add to that some states, such as Illinois, that don't allow same-sex marriage but do recognize domestic partnerships. If an employer covers employees in multiple states but still only covers "spouses" under the traditional definition the complexity and potential for legal challenge is huge. Now add to that the growing phenomenon, especially among younger workers, of cohabitating opposite-sex couples with or without children. While it may be practical administratively to draw the line at the marriage license ("we cover married couples but not unmarried on...