HSA with mixed family

[christon]

I am divorced and have three children. One child is from my first marriage and the other two are from my most recent marriage. My oldest child has only the insurance I provide for her. The other two are covered by their father's insurance because he insisted on carrying secondary insurance when we divorced. I want to sign up for the HDHP and contribute to a HSA. I feel it would work best for my family. On my insurance it would be just me and my children. Two of us will have only the insurance I provide and the other two will have what I provide plus their father's insurance.  The divorce decree says that we will both provide insurance with mine being primary and his being secondary. Am I able to sign up for HDHP and contribute to a HSA since my two youngest children are also covered on their father's non-HDHP? 

[dmertz · Accepted solution]

Yes, given the facts you've provided, you will be eligible to contribute to an HSA.  Eligibility is determined by the insurance coverage that the individual making the contribution has, not by coverage that other family members have.  Since you would be covered by an HDHP plan and you would not also be covered by some disqualifying coverage, you are eligible to contribute to an HSA.  Some of your children being covered by other insurance that is not an HDHP has no bearing on your own eligibility to contribute to an HSA.

If the HDHP plan covers both you and some other family member, your contribution limit will be based on having family HDHP coverage.