Employment Benefits in Marriage

Authored by , LegalMatch Legal Writer

Locate a Local Employment Lawyer

Most Common Employment Law Issues:

How Does Marriage Affect Employment Benefits?

Normally, employment benefits are only available for individual employees of a company. However, there are certain instances where the spouse of an employee is entitled to share in the employment benefits of their spouse. 

For example, many state and federal laws require employers to provide benefits that are related to family and medical leave. These laws can significantly affect the eligibility of a worker’s spouse to receive benefits on behalf of their employed partner. Some laws treat certain employment benefits in marriage, such as pensions and retirement plans, as if they were communal assets. 

It is also common for employers to choose to extend benefits to spouses of their employees as part of the working arrangement. Such spousal benefits are usually negotiated upon during the hiring stage. An increasing number of employers are recognizing the needs of employees and allow their spouses to share in certain benefits and privileges.   

On the other hand, getting married can sometimes change an employee’s eligibility for benefits. It is common for a marriage to alter the individual’s financial status and make them ineligible for certain government programs, such as Medicaid and children’s health insurance programs. 

What Types of Benefits Are Available for the Spouse of an Employee?

For the most part, it is largely up to the employer to determine which benefits may be extended to a worker’s spouse.  If employment laws do not cover certain spousal benefits, an employee can always try to negotiate for such benefits with their employer through an employment contract.

Some common types of employment benefits in marriage include:

In many cases, the spouse will only receive partial benefits through their employed spouse. For example, it is common for employers to extend only partial health insurance to the wife or husband of a worker. Also, many employers are beginning to offer benefits to workers involved in domestic partnerships or same-sex marriages. Many state laws grant employment benefits for domestic partners. 

What If My Employer Has Denied My Spouse Benefits That They Are Entitled To?

There are two basic ways that a spouse can receive employment benefits through their spouse: 1) by requirements listed in state or federal law; or 2) through a personal employment contract. If an employer withholds benefits to a spouse who is entitled to receive them, the employer can be held liable for a violation of law or a breach of contract. 

A common example of such a violation is where an employer fails to follow guidelines regarding pregnancy leave. Pregnancy leave is highly regulated by federal statutes, and an employer may face legal consequences such as a fine for violating pregnancy laws. The employer may also be subject to a civil lawsuit that could result in the employer having to compensate the couple for losses due to the violation.

Thus, it is very important for employees to fully understand their spouses’ rights under the applicable employment laws. If they have negotiated for benefits with their employer, the results of the negotiation should be finalized into a written employment contract. That way, the employee has a formal record of the agreement which can be enforced by law. 

Do I Need a Lawyer for Disputes Involving Employment Benefits in Marriage?

In some cases, an employment lawyer may be indispensable when it comes to dealing with employment benefits in marriage. The laws governing employment are very complex and can be subject to differences according to region.  If you need legal assistance, a lawyer can help you determine your spouse’s rights under employment laws. Employment lawyers are skilled at applying the law and at drafting and reviewing employment contracts.

Consult a Lawyer - Present Your Case Now!
Last Modified: 06-17-2014 01:48 PM PDT

Find the Right Lawyer Now

Did you find this article informative?

Link to this page

Law Library Disclaimer

Employment Benefits in Marriage, benefits,employment,spouse,marriage,law,insurance,pension,workers compensation,lawyer,attorney