Marketplace Insurance when one spouse is employed, what is legal? NEED TO KNOW BY TOMORROW

My husband and I file jointly, our income this last year was about 37000 and we expect similar next year. This year we are both insured through the Marketplace with tax-credit help, and I am insured through my parents. Our situation for next year is the following:

I will be insured through my parents (under 26, dad’s company pays most of the premium), and I will work full-time at a job that meets legal standards for “affordable benefits” which translates to $220 a month for the two of us.

My husband is not insured by his parents and will need insurance either through my work or through the marketplace. He works part-time without benefit eligibility, and goes to school full-time at a school without a student health plan.

We plan on electing to get healthcare coverage just for my husband through the marketplace, and get dental and vision through my work for both of us (only about $30 a month for both of us, compared to $70 for dental on the marketplace), while I continue to get healthcare coverage through my parents plan.

Issues:

We will move next year, and one or both of us may start a graduate program working part-time at the most. I will loose my healthcare benefits from my job except through COBRA coverage, unless I work for the same company in our new city (which is an option).

I do not qualify for tax credit because I have a job that offers “affordable” health insurance for me and my spouse. However, this past year, we definitely received tax credits, even though I had the same job. I am concerned because it appears that this should not have happened. How much can we expect to pay back during tax season because of this?

See also  Missed Open Enrollment

I spoke with the broker and he basically said, while I don’t qualify for tax credit, they don’t really check when people have low incomes if your work offers insurance that is “affordable” or not. And if they do, they just call you and you can basically lie. And that because of this, we should both get on the market plan, because it is actually more expensive to only have my husband covered under the plan, then to have both of us be covered under the plan. I was really taken aback by this and am questioning everything about the broker now too. But is this a common thing that is done and I should just jump on the bandwagon or is this super not okay? I’m so confused when the source of authority seems questionable. If I don’t qualify for tax credit because of my job, does my husband also not qualify? If we file separately this coming year does that change things (I don’t really want to do this).

I have to decide on my work insurance by tomorrow, so I’m on a deadline, and a huge wrench has been thrown into my understanding and I am desperate for any help I can get.