There is a way to have an FSA-like account as a small business person, but it would disqualify both you and your spouse from contributing to an HSA. Because an FSA can be used to pay for expenses for yourself, a spouse, and dependents, it counts as "other coverage" that prohibits someone from contributing to an HSA, even if they have a qualified HDHP.
If you and your spouse are covered by an HSA qualified family health plan, then you are both "covered", even though he is the policy "owner", and you both can have HSAs. In that case, each of you has a personal limit of $8300 for 2024 and $8550 for 2025 (if you are younger than age 55). Your overall family limit is also $8300 or $8550, and you can divide that limit any way you want. Your spouse likely has a work-sponsored account and contributes via payroll deduction. You could establish a personal account at any bank that offers HSAs, they will probably charge a few dollars a month as a maintenance fee, and you can contributed out of pocket and take a tax deduction. However, payroll contributions save you more on taxes, because in addition to coming out of his paycheck before income tax, they come out before social security and medicare tax. So payroll contributions save an extra 7.65% in tax compared to after-tax contributions.
If the plan starts on or before December 1, you can use the "last month rule" to contribute up to the 2024 maximum and take a tax deduction, even though you were only covered for one month. However, to use the last month rule, you must remain enrolled in HSA-eligible coverage for all of 2025. If you change your coverage to a plan that is not HSA eligible, then some of your last month rule contributions may be subject to a penalty.
