Answer:
Yes. Eligible expenses for your spouse and anyone you claim on your Federal tax return can be reimbursed from your Federal Flexible Spending Accounts Program (FSAFEDS) account. FSAFEDS follows the Defense of Marriage Act PL 104-109.
Public Law 104-199, Defense of Marriage Act, states, " the word 'marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife."
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