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

[mrod1]

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?

[Bsch4477]

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

[xmasbaby0]

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

[Opus 17]

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

[mrod1]

Thank you very much for the link!