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Health care coverage options for same-sex couples

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. Get details on who to include in your household and estimating your expected income.
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, select “yes.”