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When the CFPB uses the term “spouse” or “marriage,” does that include a same-sex spouse?


For the laws and regulations under the CFPB’s jurisdiction, including the Equal Credit Opportunity Act—which prohibits discrimination on a number of bases, including marital status—the terms “spouse” or “marriage” include lawfully married same-sex spouses and marriages of same-sex couples as long as the marriage was valid in the jurisdiction where the marriage happened at the time it occurred. This is true even if the couple currently lives in a state or jurisdiction that does not recognize the marriage of same-sex couples.

Note: For purposes of the federal consumer financial protection laws, a “spouse” does not include a person in a civil union, domestic partnership, or other relationship not considered by law as a marriage.