My spouse has a separate health insurance policy. Am I eligible to contribute or receive HSA funds?
It depends. If your spouse has an individual health insurance policy covering only your spouse with no other insurance, and you are enrolled in the State HDHP and are otherwise eligible, then you are eligible to participate in an HSA.
But if your spouse has a General Purpose Health Care FSA or HRA, you are not eligible to participate in an HSA. Even though you are not covered by your spouse’s health insurance, the IRS considers your spouse’s General Purpose Health Care FSA or HRA to be disqualifying coverage, meaning you would not be able to make or receive contributions to an HSA.
An exception is if your spouse has a Limited Purpose Health Care FSA or a Limited Purpose HRA that covers vision and dental care expenses only. If your spouse only participates in either a LPHC FSA or a LP HRA, then you may participate in an HSA.