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Can I use my spouse's FSA if we're filing MFS?

We file taxes married filed separately to keep student loan payment low. I am not employed so don't have FSA/HSA. Can I use my spouse's FSA to pay for my medical expenses even if he's not claiming me on his taxes at all?

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4 Replies

Can I use my spouse's FSA if we're filing MFS?

Yes, you can use her FSA to pay for your medical expenses. 

Can I use my spouse's FSA if we're filing MFS?

And....a spouse can NEVER be claimed as a dependent.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

Can I use my spouse's FSA if we're filing MFS?

An FSA can always be used to pay for medical expenses for the account owner, their spouse, their tax dependents, and children who could be the owner's tax dependents but are not due to divorce or separation.  

https://www.irs.gov/publications/p502#en_US_2022_publink1000178863

Can I use my spouse's FSA if we're filing MFS?

Thank you very much for the link!

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