Same-Sex Couple that holds a Marriage License and one of the parties is a beneficiary please note that on June 26, 2013 the United States Supreme Court declared a portion of the Defense of Marriage Act (DOMA) to be unconstitutional, holding that same-sex marriages recognized under state law must also be recognized for purposes of federal law. Exactly how this Supreme Court decision will affect spousal provisions applicable to policies and contracts issued by a Life Insurance Company is still being determined, especially in regard to residents of states which do not recognize same-sex marriage.
Some members of industry organizations are looking closely at this new development and how it impacts insurance companies. We will keep you informed of new industry guidance as it becomes available. Note to ensure that you are acting in accordance with all state and federal laws and regulations please be sure to list relationship as SPOUSE regardless of the state in which you are living, when applying with a same-sex couple that holds a marriage license and one of the parties is a beneficiary. If this applies to you or you know someone who is presently in this status let them know about DOMA. This is only my opinion as I am not an attorney nor do I know what any insurance company may do or not do based on the information I provided.