03/21/2026
Can your spose be a common-law employee?
A sole proprietor can have a spouse as a common-law employee. The employment relationship arises from the substance of the working arrangement, not from payroll paperwork. But the absence of W-2 and payroll creates a direct problem: most (but not all) tax-qualified employee benefit provisions are keyed to compensation, wages, or W-2 earnings, and without payroll, the mechanical requirements for many benefit structures are unmet regardless of whether genuine work is performed.