Professional Firms

Health Insurance for Solo Attorneys and Small Law Firms

August 27, 20267 min readBy Benefits Hub

Solo attorneys and small firm owners face a coverage decision most law schools never cover: individual plan or small-group plan, and what to offer as you add associates. The right structure protects you personally and helps you retain the people you hire.

Health Insurance for Solo Attorneys and Small Law Firms
Plate I · Professional Firms

When you hang your own shingle, you trade a firm's benefits package for full control and full responsibility. For a solo attorney, that means choosing between an individual marketplace plan and, once you have employees, a small-group plan. Each path carries different rules, costs, and compliance considerations, and the right answer depends on whether you plan to stay solo or build a practice.

Individual vs small-group: the core trade-off

As a solo practitioner with no W-2 employees, you generally buy through the individual market, where premium tax credits may apply based on your income. The moment you hire your first eligible employee, a small-group plan becomes available, letting the firm contribute toward premiums and offer coverage as a recruiting tool. Small-group plans are not income-tested for subsidies, but employer contributions and certain tax treatments can offset the cost.

  • Solo, no employees: individual marketplace plan, potential premium tax credits
  • Firm with W-2 staff: small-group plan with employer contribution
  • Growing practice: benefits become a retention lever for associates and paralegals
  • Owner-only S-corp or partnership: coordinate coverage with your tax structure

Covering partners, associates, and staff

Plate II · Counsel Health editorial

How you cover the people around you depends on their role. Partners and members of the firm are often owners rather than employees, which affects how their coverage is treated. Associates and support staff are typically W-2 employees, and offering them a group plan can be the difference between hiring the candidate you want and losing them to a firm that does. Consistency matters here: group plans generally require you to offer coverage on the same terms to similarly situated employees.

Compliance without the headache

Attorneys tend to be careful about rules, and benefits carry their own. Contribution requirements, participation minimums, and nondiscrimination expectations all shape what you can offer. Building the structure correctly from the first hire is far easier than unwinding a plan that was set up ad hoc.

Solo, no staffIndividual marketplace plan; check for premium tax credits
First W-2 hireSmall-group plan becomes an option with employer contribution
Owners/partnersCoverage treatment depends on your entity and tax structure
Retention goalGroup benefits help attract and keep associates and staff
a licensed group-benefits agent →

Getting the individual-versus-group decision right is easier with

As a solo attorney with no employees, can I get a small-group plan?

Generally no. Small-group plans require at least one eligible W-2 employee besides the owner in most cases. Until then, the individual marketplace is your route, and you may qualify for premium tax credits.

Do I have to cover every employee the same way?

Group plans typically require you to offer coverage on consistent terms to similarly situated employees, including your contribution level. Setting a clear policy up front keeps you compliant as you hire.

Is offering health benefits worth it for a small firm?

For many firms, yes. Benefits are a leading factor when associates and paralegals choose where to work, and a group plan can help you compete with larger firms for talent.

Ready to see your options?

Answer a few quick questions and a licensed advisor will email your personalized plan options within one business hour. 100% free, no obligation.