Question

Divorce and HDHP

Forum|Forum|3 years ago
March 2, 2023
1 reply
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My divorce was finalized mid-December but I was covered through my ex-spouse's family plan through 12/31.

It seems, as I'm now filing single, I'm not getting the same HSA deduction from when we filed as married.

Since I was covered the full year, do I need my ex-spouse's HSA information to be eligible for the deductions for HDHP?

First, you are considered eligible all year under the last month rule. Under the 13 month rule, you will indicate you are covered under a family plan thru 31 Dec. The maximum for that HSA thru Dec 31 is still $7300. Between you and your ex-spouse the contributions cannot exceed the family maximum $7300.

However, since it is her HSA, she or her employer may have contributed more to her HSA (shown as box 12 code w on her W2) than $3650. You need to know (decide/agree to) what your share of the total contributions made can be, based on her payroll contributions and what you actually contributed on top of that up to the max total of $7300.

The distributions on the 1099-SA are all on her tax return.

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