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Yes, and this is (unfortunately) becoming a more popular contribution method for small employers, at least in my state (Arkansas).

Generally, health insurance companies would prefer that employers contribute toward the spouse's coverage, since that helps spread risk and minimize anti-selection. Many years ago, they were successful in requiring employers to contribute toward dependent coverage. But things have changed as costs have escalated; unless the insurance company requires it and also has a solid enforcement mechanism in place (which is difficult to do), the employer is under no obligation that I am aware of to provide spousal benefits.

But you do need to check in your particular state, since different states can enact different mandates and it is conceptually possible that a state has mandated "equal" treatment of dependents.

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Q: If an employer says they will pay 50 percent of the employees health insurance premium can they also say they will only pay the 50 percent for the employee only and not his or her spouse?
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