Have employers dropped spouses from employer-sponsored plans because of Obamacare?

Q. I have heard that because of Obamacare, employers have been dropping spouses from their plans. Is this true?

A. Obamacare increased the options employees’ spouses have for obtaining health insurance, and the law does not require employers to offer coverage to spouses. Some employers have changed their approach to spousal coverage in recent years, but this is a trend that was in place long before the ACA.

And the vast majority of organizations that offer health insurance continue to offer coverage for spouses. According to 2018 Kaiser Family Foundation data, 99 percent of firms with 200 or more employees offer coverage to employees’ spouses, and 97 percent of smaller firms also do so.

But it is becoming increasingly common for employers to restrict spousal coverage to spouses who don’t have access to their own employer-sponsored plan, or to add a surcharge to their premiums if they have access to their own employer-sponsored plan but choose to be added to a spouse’s plan instead. It should be noted, however, that the majority of employers are not yet restricting spousal coverage or adding surcharges for spouses who have access to their own employer-sponsored plan.

Why are employers adding surcharges? “The fact is that spouses cost more – about $1,500 more”  than employees, explains Tracy Watts, who leads the health care reform team at Mercer, a benefits consulting firm. Often, the spouses covered on employer plans are either wives who are younger and using maternity coverage, or husbands who are older and suffering from chronic conditions.

The concept of steering spouses towards their own employer-sponsored plans (via surcharges or restricted access to coverage for spouses who have their own plan available) predates the ACA. Julie Stone, a consultant with Towers Watson, told NPR back in 2013 that this is hardly a new idea: “A decade ago a number of employers were looking at spouse surcharges for employee spouses who declined coverage with their employer.” Stone went on to explain that “the surcharge and the concept of a penalty for spouses who choose to opt out of their own employer coverage – that’s not related to the health care reform law at all.”

These incentives go both ways, however, with some employers encouraging their employees to enroll in their spouse’s plan instead of their own. Kaiser Family Foundation data indicates that 13 percent of employers who offer coverage provide “additional compensation” for their employees if they enroll on a spouse’s plan instead of enrolling in the plan offered by their own employer. (This was up from 10 percent in 2016).

What other options do spouses have?

The ACA (Obamacare) requires employers with 50 or more employees to offer affordable health insurance to their full-time employees, and to extend the coverage offer to those employees’ dependent children, up to age 26. But it does not require employers to offer coverage to spouses, and it does not require employers to pay for any portion of the coverage offered to dependents.

This is where the family glitch comes into play in some circumstances, when the employer pays for a portion of the employee’s premium, but does not cover any of the premiums for family members who are added to the plan. Those family members still do not have access to subsidies in the exchange, due to the family glitch.

When employers opt to not offer coverage to spouses – and assuming the spouse does not have access to their own employer-sponsored plan – individual market coverage is available, regardless of pre-existing conditions. If the spouse enrolls in a plan through the exchange, subsidies are available based on the total household income, as the family glitch does not apply if the spouse is ineligible for coverage under the employer-sponsored plan.

But it’s important to understand how premium subsidy amounts vary based on the size of the household and total household income in relation to the premiums for the family members enrolling. Here’s an explanation of how this works. (In short, a spouse enrolling in a plan in the exchange on their own might find that they don’t actually get any premium subsidies, even if total household income is well within the subsidy-eligible range.)

People who have access to their own employer-sponsored plan will want to consider enrolling in their own plan instead of being added to their spouse’s plan, especially if the spouse’s plan has a surcharge for spouses who decline their own employer’s plan.


Louise Norris is an individual health insurance broker who has been writing about health insurance and health reform since 2006. She has written dozens of opinions and educational pieces about the Affordable Care Act for healthinsurance.org. Her state health exchange updates are regularly cited by media who cover health reform and by other health insurance experts.

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M Ritch

I have a brand new employer, my current company was bought by another hospital. My spouse’s insurance says they can only be secondary if I’m eligible through my employer. My thoughts are if there is only one insurance company, you can’t pay as secondary. Is this wrong?

You’ll need to get the specifics from your spouse’s employer. But it’s possible that they are taking an approach similar to how a small group plan would work if a person is eligible for Medicare but doesn’t enroll in Medicare: https://www.medicareresources.org/medicare-eligibility-and-enrollment/why-you-cant-afford-to-get-medicare-part-b-wrong/ (ie, only covering the portion of the bills that wouldn’t have otherwise been paid by Medicare).
It’s more common to see a spousal surcharge or a simple ineligibility for spousal coverage if you have access to your own plan. So you’ll want to ask them for more details about how they would handle the practical application of this policy.

thomas dill

can an employer restrict spouse to come onto employer plan since the are on medicare

It depends on the size of the employer. But if the employer has 20+ employees, they have to offer the same coverage to spouses age 65+ that they offer to other spouses (assuming they do offer spousal coverage). See more here in the first link under “I have Medicare and” https://www.medicare.gov/supplements-other-insurance/how-medicare-works-with-other-insurance