Divorce and HSA contributions

[ehj8ehj8]

I am covered through my ex-spouse's family health insurance plan. It's a high deductible plan and I'd like to open up my own HSA account and contribute to it. How much is the most I can contribute? I'm not sure if he is contributing to his own HSA account. Would this make a difference to what I could contribute? Thanks.

[BillM223]

If you read between the lines in the Instructions for form 8889 for line 6 (see the examples for step 4), if you can legally be covered by the ex-spouse's HDHP policy and the policy is Family coverage and you do not have any conflicting coverage (like Medicare or a "normal" health policy), then you are eligible to open your own HSA account and contribute the Family maximum to it of $7,200 for 2021 (up to $8,200 if you are 55 or older), without regard to what your ex contributed to his HSA.

Note, however, that this requires you to maintain some level of communication with your ex. The moment you stop being covered by the HDHP policy (it might not occur to him to mention changes of his policy to you immediately), you need to recalculate your annual HSA contribution limit based on the number of months you were actually covered (coverage on the first day of the month determines coverage for the month).

Also, this presume that the HDHP policy that he has is a Family policy (covers him and at least one other person, whether you or a dependent). If he were to change it to a Self-only policy, then your limit for 2021 would be $3,600 (or up to $4,600 if you are 55 or older).

[Bsch4477]

I wonder if the total contribution off the poster and her ex cannot exceed the contribution limit. 

This is from the article below. 

The IRS gives married couples three options:

• Split the family contribution evenly between the spouses
• Allocate it unevenly, according to a division both parties agree upon
• Put 100 percent in one spouse’s account

In any case, the IRS treats married couples as a single tax unit, which means they must share one family HSA contribution limit of $7,200.https://www.peoplekeep.com/blog/how-hsa-contribution-limits-work-for-spouses?hs_amp=true

[bhjo82]

Hi, sorry, just to be clear/pls correct me:

Facts:

2024: Divorced on November 30.

Spouse 1 elects family coverage during open enrollment of prior year (HSA) - covers Self, Spouse 2, and 2 Children.

Spouse 1 contributed $8300 (claims child 1 of 2) throughout all of 2024 (8300/12)

Spouse 2 contributed $0 (claims child 2 of 2) through nov. 30 of 2024.  

Question 1: Spouse 1 is allowed to contribute the full 8300?

Question 2: Spouse 2 can contribute (if possible) a full $8300 in Dec of 2024 as well?

Question 3: In the next year, 2025, can spouse 1 still contribute a full 8300 if they claim at least 1 child?

Question 4: In the next year, 2025 can spouse 1 still contribute a full 8300 if they don't claim any children, but per divorce decree is mandated to pay for all healthcare of children?

thank you,

[RobertB4444]

For 2024 the former marital status isn't relevant.  As long as the divorce is final by December 31st both spouses are filing as single or head-of-household for 2024.

The maximum contribution limit for the HSA is limited by the coverage that the taxpayer carries.  In this case, spouse 1 carries a high-deductible family plan and can contribute the maximum allowed in any year where they continue to carry that plan - whether they claim a deduction for the children covered by that plan or not.  

Spouse 2 can claim the same deduction provided that they have a family plan as well.  If all the members of the family are covered by the other plan, however, then spouse 2 is not eligible for a family plan and will have to take the lower deduction for the individual plan.

@bhjo82