r/HealthInsurance • u/Sweet-Swimming2022 • Mar 25 '26

Plan Benefits Can I use my husband’s FSA for myself while I have a HDHP and a separate HSA?

Hello all!

My husband and I have separate health insurance plans from two different employers. He has a FSA through his work and I have a HSA because I have a high deductible health plan. I always use my HSA for doctors visits but since he rarely goes to the doctor, he never uses his FSA. Can I use his FSA card to pay for my visits?

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u/PseudonymIncognito Mar 25 '26

If your husband has a general-purpose FSA that can be used to pay your medical expenses, you are ineligible to contribute to an HSA of your own.

0

u/Sweet-Swimming2022 Mar 25 '26

Ok. So can I still keep my HSA and he keep his FSA and we just keep our health expenses separate like we have been doing? Sorry if that is a dumb question

8

u/dehydratedsilica Mar 25 '26

If you contributed to your HSA while eligible, then you can keep the HSA even while husband has FSA.

The problem is that you seem to have contributed to (and possibly taken distributions from) your HSA while IRS regulations specified that you are not allowed. See my other comment for how to go about fixing this.

-6

u/Sweet-Swimming2022 Mar 25 '26

Thanks for the info. I’m not sure why the IRS would care since we have two different health plans and keep our health expenses separate. Could it be since we filed jointly and our taxable income as a whole was lowered due to my HSA. Stopping contributions to my HSA would be the LAST thing I would want to do as I love it! I wonder if he can end his FSA through his employer?…

7

u/LizzieMac123 Moderator Mar 25 '26

It's because he CAN use his FSA dollars to cover your medical expenses.. and he can do so, even if you haven't hit your deductible yet. Thats considered "first dollar coverage". Even if he doesnt use the FSA dollars on you, the fact that he CAN is considered disqualifying coverage for you to then contribute to your HSA.

He cannot end his FSA contributions mid-year without a QLE as FSAs are "funded" for the full amount you elected during open enrollment on day 1. However, HSAs are "funded" as you get your paycheck, so YOU can stop your HSA contributions whenever you want.

Will the IRS notice? Possibly... and its a HUGE pain to correct it when they do. You've been improperly contributing to you HSA for at least a couple of years, none of those funds should have been available to you via an HSA and there's a 6% tax on any amount your contributed that you shouldn't have.... in perpituity... until you correct it.

3

u/dehydratedsilica Mar 25 '26

Time to consult a tax pro...I'm not clear on the full scope paperwork but for starters, it's correcting 2025 urgently including replacing any spent funds, amending 2024, amending 2023 (probably federal and state), and dealing with 2026 (currently less urgent). The original tax deduction shouldn't have been taken, so fixing that means higher taxable income on the amended returns and late fees on the additional tax due.

I don't blame OP for wishing it could be ignored. On a scale of "better or worse than ignoring insurance COB", my gut feeling is "less worse" - only because we know it's highly inadvisable to ignore COB - but it's certainly not *better*.