Is it legal to charge higher premiums for medical insurance if you are younger than your husband?

UPDATED: Aug 24, 2011

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Is it legal to charge higher premiums for medical insurance if you are younger than your husband?

My husband is retiring in 2 months from a union job. Since I am 8 years younger than him, they told us that our medical insurance premiums would be higher than husbands and wives of the same age. Is this legal?

Asked on August 24, 2011 Ohio


J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Good morning,

Thanks for posting to our website and I hope to offer some guidance. To get right to it yes, health insurance premiums are determined based on various factors, age being one of them. There are many reasons for this such as life span, projected costs to the insurer over time, etc.

What I would suggest is for you to call the insurance company. They can walk you through the reasons for the higher premium and will be able to even provide you with some literature as to how premium amounts are determined.

Some companies allow for changes in premium costs over time, that you will need to figure out with the union and insurance company, but the short answer is yes it is legal

Good luck

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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