Deductions & credits

under the tax code, in the case of married couples,  if one spouse has family coverage both spouses are treated as having family coverage.  since his plan is an HDHP you are covered under an HDHP.  since you have no disqualifying coverage the law allows both of you to allocate the contribution limit in any way that's agreed to by you and your spouse. so if he agrees, then the contribution can go entirely into your account. 

 

one thing to remember is that when he turns 55, he'll need his own account if you want to take advantage of the extra contribution allowed for those 55 or older. 

 

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