OCAP Legislative Update


Defense of Marriage Act Implications for the Title IV Student Financial Assistance Programs

Dear Colleague Letter GEN-13-25, published Dec.13, 2013, provides guidance on the completion of the Free Application for Federal Student Aid (FAFSA) in the wake of the Supreme Court decision in United States v. Windsor, which overturned the prohibition of federal recognition of same-sex marriage. As a result, for Title IV financial aid purposes, a student or a parent is considered married if the student or parent was legally married in the United States, its territories or any foreign jurisdiction having the legal authority to sanction marriages, regardless of where the couple now resides, or where the aid will be used. This guidance does not apply to registered domestic partnerships, civil unions or similar formal relationships recognized under state law.

For the 2013-14 award year:

Any changes to marital status will require corresponding updates to income, family size and other information. Revised guidance on FAFSA marital status questions will be posted at studentaid.gov and available at the Federal Student Aid Information Center at 1-800-4 FED AID (1-800-433-3243).

Mary Heid
Director for Default Prevention, Compliance & Training Services
OCAP Communications
P.O. Box 3000
Oklahoma City, OK 73101-3000