No, the policy does not have to be in your name. As long as you have coverage under the HDHP policy, you can be eligible for an HSA (assuming you meet the other eligibility requirements for contributing to an HSA). You can still be eligible for an HSA even if the policy is in your spouse's name.
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I am a veteran. Can I have an HSA?
If you have received any health benefits from the Veterans Administration or one of their
facilities, including prescription drugs, in the last three months, you are not eligible for an HSA.
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My employer offers an HRA. Can I have both an HRA and an HSA?
You can have both types of accounts, but only under certain circumstances. General Health Reimbursement
Arrangements (HRAs) will probably make you ineligible for an HSA. If your employer offers a "limited purpose"
(limited to dental, vision or preventive care) or "post-deductible" (pay for medical expenses after the plan deductible is met)
HRA, then you can still be eligible for an HSA. If your employer contributes to an HRA that can only be used when
you retire, you can still be eligible for an HSA.
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If my spouse has an FSA or HRA through their employer, can I have an HSA?
You cannot have an HSA if your spouse's FSA or HRA can pay for any of your medical expenses before your HDHP deductible is met.
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I do not have a job. Can I have an HSA?
Yes, if you have coverage under an HDHP. You do not have to have earned income from employment - in other words,
the money can be from your own personal savings, income from dividends, unemployment or welfare benefits, etc.
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Does my income affect whether I can have an HSA?
There are no income limits that affect HSA eligibility. However, if you do not file a federal income tax return, you may not receive all the tax benefits HSAs offer.
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Can I start an HSA for my child?
No, you cannot establish separate accounts for your dependent children, including children who can legally be claimed as a dependent on your tax return.
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I am a single parent with HDHP coverage, but have child/relative that can be claimed as a dependent for tax purposes
and this dependent also has non-HDHP coverage. Am I still eligible for an HSA?
Yes, you are still eligible for an HSA. Your dependent's non-HDHP coverage does not affect your eligibility,
even if they are covered by your HDHP. You can contribute up to the statutory limit ($5,950) to your HSA. (Department of Treasury)
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If both spouses have family HDHP coverage, but one spouse has other coverage, are both spouses eligible for an HSA? How much can each spouse contribute?
If Both Spouses Have Family HDHP Coverage But One Spouse
Has Other Coverage, Are Both Spouses Eligible For An
HSA? How Much Can Each Spouse Contribute? The following
examples describe how much can be contributed under
varying circumstances. Assume that neither spouse
qualifies for "catch-up contributions. " Example 1:
Husband and wife have family HDHP coverage with a $5,000
deductible. Husband has no other coverage. Wife also has
self-only coverage with a $200 deductible. Wife, who has
coverage under a low-deductible plan, is not eligible
and cannot contribute to an HSA. Husband may contribute
$5,950 to an HSA. Example 2: Husband and wife have
family HDHP coverage with a $5,000 deductible. Husband
has no other coverage. Wife also has self-only HDHP
coverage with a $2,200 deductible. Both husband and wife
are eligible individuals. Husband and wife are treated
as having only family coverage. The combined HSA
contribution by husband and wife cannot exceed $5,950,
to be divided between them by agreement. Example 3:
Husband and wife have family HDHP coverage with a $5,000
deductible. Husband has no other coverage. Wife also has
family HDHP coverage with a $3,000 deductible. Both
husband and wife are eligible individuals. The maximum
combined HSA contribution by husband and wife is $5,950,
to be divided between them by agreement. Example 4:
Husband and wife have family HDHP coverage with a $5,000
deductible. Husband has no other coverage. Wife also has
family coverage with a $200 deductible. Husband and wife
are treated as having family coverage with the lowest
annual deductible ($200). Neither husband nor wife is an
eligible individual and neither may contribute to an
HSA. Example 5: Husband and wife have family HDHP
coverage with a $5,000 deductible. Husband has no other
coverage. Wife also is enrolled in Medicare. Wife is not
an eligible individual and cannot contribute to an HSA.
Husband may contribute $5,950 to an HSA (Department of Treasury)
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Must couples open separate accounts?
If both husband and wife are eligible to contribute to an HSA, they are both eligible to establish separate HSAs. However,
if both spouses want to make “catch-up” contributions when they are age 55+, they must establish separate accounts.
