Can One Spouse Have an HSA and the Other Have an FSA If They File Separate Tax Returns?

When it comes to Health Savings Accounts (HSAs) and Flexible Spending Accounts (FSAs), navigating the rules can sometimes be confusing. One common question that often arises is whether one spouse can have an HSA while the other has an FSA when filing separate tax returns. Let's break it down.

According to IRS regulations, if you are married and file separately, both spouses must have the same type of healthcare account. This means that if one spouse has an HSA, the other spouse cannot have an FSA and vice versa.

Here are some key points to keep in mind:

  • When filing separate tax returns, both spouses must have the same type of account - either both have an HSA or both have an FSA.
  • If one spouse has an HSA, the other spouse cannot have an FSA.
  • It's essential to communicate with your spouse and coordinate your healthcare account choices to ensure compliance with IRS regulations.

Understanding the rules regarding HSAs and FSAs can help you make informed decisions about your healthcare savings options. If you and your spouse are considering having different types of healthcare accounts, it may be beneficial to consult with a tax professional to explore the best options for your situation.


When managing healthcare finances, one question often comes up: Can one spouse hold an HSA while the other holds an FSA if they file their tax returns separately? The answer is more restrictive than many anticipate.

The IRS guidelines stipulate that married couples who file separately must subscribe to the same type of health savings account. This invariably means that if one spouse opts for an HSA, the other must forgo an FSA entirely, making it crucial to discuss your healthcare account strategies together.

Keep these critical points in mind:

  • Married couples filing separately must have either both HSAs or both FSAs—diversity in account type is not permitted.
  • A spouse holding an HSA prohibits the other from maintaining an FSA.
  • It's advisable to have thorough conversations with your spouse and consider your family's financial health when making decisions about these accounts.

Making a well-informed decision, particularly around the regulations surrounding HSAs and FSAs, ensures you maximize your healthcare savings options. If you're unsure of the best direction for your unique tax situation, it's worth consulting with a tax professional.

Download our FREE mobile app to get more of the following

Over 7,000+ HSA eligible items for sale.
Check on product HSA (Health Savings Account) eligibility
Get price update notifications
And more!

Did you find this page useful?

Subscribe to our Newsletter