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Yes.  If you do not live with your spouse you still need to enter his information.  When you are married you are not able to file as single.  Your filing options are Married Filing Jointly, Married Filing Separately or Head of Household.    To qualify, you have to meet certain criteria. To file as Head of Household, you have to: Pay for more than half of the expenses for a qualifying household Be considered unmarried on the last day of the tax year or if married not have lived with your spouse at all for the last 6 months of the year Have a qualifying child or dependent If you do not qualify for Head of Household, then you will need to enter his information and file either Married Filing Separately or Married Filing Jointly.  In order to file jointly, you would need his permission to do so. 

As long as your repayments are in good standing, a loan is not a withdrawal and you will not get a 1099-R.   If you stop making payments (because you default somehow, or you leave the company and don't repay it after leaving) then at that time the outstanding balance will become a withdrawal, with different consequences depending on why you stopped payment. 

If you are claiming the children on your tax return, the 1095-A form will need to be entered on your tax return.   You and your ex may need to use the shared policy allocation rules to determine how to share the: premiums SLCSP advance premium tax credit You can share the policy by any percentage you both agree upon    50/50,    0/100,    100/0,    30/70,   etc.   Where do I enter my 1095-A?   From the IRS: You must file Form 8962 with your income tax return (Form 1040, 1040-SR, or 1040-NR) if any of the following apply to you:   You are claiming the Premium Tax Credit. Advance payment of the premium tax credit (APTC) was paid for you or another individual in your tax family.  This is column C of the 1095-A. You listed an individual as part of your tax family with the Marketplace and APTC was paid for this individual; however, you did not include this individual on your tax return, and no other taxpayer included the individual on their tax return.   If someone else enrolled an individual listed in your tax family and APTC was paid for that individual’s coverage. You will need to obtain a copy of the Form 1095-A from the person who enrolled the individual.

1. Likely no. 2. To qualify, your spouse has to be unable to care for themself.  (The question is not, unable to care for the child, the question is unable to care for themself.).  In that case you probably need a doctor's note of some kind.  You don't submit the proof with your tax return, you would save it with your tax papers for at least 3 years after filing in case of audit.     If your spouse is unable to care for herself, the credit will be figured as if she had $250 of earned income for each month that she is unable to care for herself.  That would allow a maximum DCFSA allowance of $3000 for the year.  If you use the full $5000, then $2000 would be not eligible and would be added back to your taxable income on your 2026 tax return.    Of course, if her health improves and she goes back to work, and earns at least $5000 (even if only in the last months of the year) then you are eligible for the full DCFSA.   You will have to ask your company's benefit provider if you are concerned.  Generally you have to submit proof that the care expenses were paid to a qualified day care provider (a receipt, etc.).  I don't believe you have to certify that you and your spouse are both working or students, because that will be between you and the IRS.  If you spend the funds for day care and it ends up that your spouse never goes back to work and does not qualify, the worst that will happen is that the money will be added back to your taxable income and taxed.  There is no additional penalty for this situation.