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FAFSA Dependency and Same-Sex Marriage?

I get a lot of questions in the form of Google searches to my website, but this one has me stumped: "does fafsa recognize gay marriage for independent status?"

The problem here being that DOMA (the Defense of Marriage Act) bars the federal government from recognizing any marriages other than those between one man and one woman. So if you have a gay marriage license from say, Massachusets, and are under 24, and aren't active military (which of course, you couldn't be if you had a gay marriage) or any dependents or anything... does that mean you have to file the FAFSA as a dependent and include your parents' financial information?

And as a side note, what about taxes? If you meet all the requirements of a dependent, except that you are marriage to a same-sex partner, can your parents still claim you on the taxes? This all has me a little stumped... frankly because I think that DOMA complicates things way too much.

Thanks for any insight you have on the matter!

1 Answer

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  • Anonymous
    1 decade ago
    Favorite Answer

    I'm afraid you cannot use your spouse's information on the Fafsa.

    Despite the fact you have a legal marriage license from a state that recognizes same-sex marriage, you are still considered a dependent student in the eyes of the Fafsa.

    Source(s): http://ifap.ed.gov/fsahandbook/attachments/0910AVG... This is a website for Financial Aid professionals. Scroll down to page 12 and you'll see a blurb on the side of the page about the DOMA and the Fafsa.
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