A. Yes, it is legal. The ACA requires employers with 50 or more workers to offer coverage to employees and their children (until age 26), but not spouses. However, only 86 percent of those employers allow spouses to enroll if they have access to coverage from their own employer.

Who counts as family on insurance?

An individual health plan covers one person, whereas a family plan covers two or more people, such as a spouse or children under the age of 26. This includes naturally born, legally adopted and foster kids in certain circumstances.

Do spouses have to be on the same insurance?

Married Couples Can Come Out Ahead with Separate Health Insurance Plans. While you check the “married” box, you may want to keep your health insurance plan status as “single.” It might seem counterintuitive to do that since it’s often assumed that family health plans save money. But that’s not always true.

Can you and your spouse have different health insurance?

You have the option of putting both spouses on one plan or selecting two different plans. You can pick separate plans even if you’re enrolling in the exchange with premium subsidies. To qualify for subsidies, married enrollees must file a joint tax return, but they don’t have to be on the same health insurance plan.

Can you get health insurance if both spouses work?

Some employers will not allow you to cover your spouse on your plan if your spouse can get their own coverage from their employer. If so, separate coverage for each of you would be your only option. And some employers may charge a “spousal surcharge” to cover your spouse if your spouse can get their own coverage from their employer.

What happens if one spouse has employer coverage?

If one spouse has employer coverage it doesn’t effect whether the other spouse has to be offered coverage. The family is free to choose either employer plan, although they should choose the best option for them.

Do you have to have employer insurance for your family?

However, no one is required to accept the employer insurance that is offered for themselves or their family members. The Individual Mandate simply requires people to have minimal essential coverage for their household, get an exemption, or pay a fee.

Do you have to offer spousal insurance to your spouse?

But there’s no requirement that employers offer coverage to employees’ spouses. That said, the majority of employers that offer coverage do allow spouses to enroll in the plan. Some employers offer spousal coverage only if the spouse does not have access to their own employer-sponsored plan.