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Deductions & credits
if your spouse participates in a Healthcare FSA or HRA, and those benefits cover your healthcare expenses too, then no, you are not eligible to participate an HSA. Why? Even though you are not covered by your spouse’s health insurance, the IRS considers your spouse’s Healthcare FSA or HRA to be “other insurance.”
based on your saying that her FSA can pay for your medical expenses, you can not have an HSA
makes no difference whether her FSA is used for your healthcare expenses or not. the key thing being could it be used.
withdraw all money left in the HSA any used will be subject to penalty.
xcs
November 12, 2019
2:39 PM