I have been married since 6/10/07 but I just noticed today that they are still factoring Domestic partner...?

Unfortunately, I must ask what appears to be a discriminatory question: Is your spouse the same sex as you or the opposite sex? The Federal Defense of Marriage Act specifically limits all federal tax benefits of marriage to marriages that are comprised of one man and one woman.

I only ask this because you used the term "Domestic Partner", which would be appropriate regardless of whether or not it is a same-sex marriage, but in everyday use, is GENERALLY only used to describe a same-sex relationship.

If this is a same-sex marriage, then you cannot claim medical and dental on your spouse UNLESS they qualify as a "qualifying relative" (in very GENERAL terms, that means you're supporting them and they're not working...for all you purists out there, I know that's not the ACTUAL definition, but for all intents and purposes, it is).

If it is what the US Government defines as a "Traditional Marriage" (between a man and a woman), then you probably need to file a 1040X for both 2007 and 2008, including the deductions you took for your spouse. Bear in mind that only expenses that exceed 7.5% of your Adjusted Gross Income can be deducted, so unless you had a "significant" amount of expense, it probably won't change things much. You should also inform your employer that you ARE married so you can prevent this from happening in the future.

If possible, have your employer issue corrected W-2 forms showing the medical and dental for your spouse as non-taxable. Then file a paper Form 1040X based on the correct W-2 forms.

If it is too late to have the W-2 changed, then file a paper Form 1040X with a Schedule A attached. Deduct the medical and dental for your spouse as a medical expense on Schedule A.

When you got married, did you update your W-4 with your employer?

If not, then this is your responsibility.