Can a married couple have both a FSA and HSA, separately?

Sarah_A

I got married earlier this year and my now husband and I didn't change anything with our insurance (we maintained our own separate insurance policies through work). I have a HDHP with a limited FSA and HSA, while my husband does not have a HDHP but his company allows him a FSA.

We were under the impression after reading through the IRS 969 publication that any contributions I had made up into the HSA until our month of marriage (May) was fine, but I was not allowed to contribute afterwards since my husband had the FSA through his employer.

Fidelity, the HSA holder, earlier this year had confirmed as much. My employer did not stop contributions until the month of June and today while requesting a refund of excess contributions, 2 separate Fidelity agrents are stating that I was given bad information. That so long as our insurances remained the same, regardless of the fact that we are now married, I should have been able to continue contributing to my HSA and my husband could keep his FSA.

To be clear, I have not gone over the individual HSA contribution limit. I have only contributed about $2000 for the year.

Thanks in advance for the help!

WrenD

Hi Sarah_A,

Congrats on your marriage! You may still be able to contribute up to the max to your HSA even after getting married. Marriage itself does not change things. The main factor is whether you remain an HSA-eligible individual.

To be eligible, you must:
1. Be covered by an HDHP
2. Not covered by HSA-incompatible coverage (with some exceptions)
3. Not eligible for Medicare
4. Not be claimed as a dependant

In your situation, the main question is whether you meet item #2. If your husband's FSA is a limited-purpose FSA, then you still meet item #2. If your husband's FSA is a general-purpose FSA but expressly does NOT cover/reimburse you, then you still meet item #2.

I would suggest asking your husband’s FSA administrator for written confirmation that the plan does or does not reimburse spouses (and confirm any carryover/grace/run‑out rules and effective dates).

If you still meet all the requirements, the agents you spoke with are correct, and you do not have excess contributions.

Page 5 of Pub 969 specifically covers "other health coverage".