With a health savings account (HSA), unmarried partners often assume they follow the same rules as married couples. In reality, the IRS has separate HSA rules for unmarried couples. In some cases, that difference can create a powerful tax advantage.
If you and your partner live together or are domestic partners, but are not legally married, it’s important to understand the HSA rules. This can help you boost tax savings and avoid costly mistakes.
Do unmarried couples get an extended HSA deadline?
Unmarried couples do not receive an extended deadline compared to married couples. In most cases, you must make HSA contributions by the tax return filing deadline. This is usually April 15 of the next calendar year, and the rule applies regardless of marital status.
That said, while the deadline is the same, the contribution rules themselves create a unique advantage for unmarried couples.
The significant advantage: Higher total HSA contributions for unmarried couples
HSA contribution limits for domestic partners
Because the IRS treats unmarried partners as separate taxpayers, it taxes each partner on their own. If each partner has family High Deductible Health Plan (HDHP) coverage, each eligible individual can contribute to an HSA — up to the full family HSA limit.
Here’s an example:
- 2026 family HSA contribution limit: $8,750
- HSA contribution limits for unmarried couple with family HDHP coverage:
- Partner A can contribute $8,750
- Partner B can contribute $8,750
- Total household contribution: $17,500
By contrast, HSA domestic partners share one family contribution limit, even when both spouses are eligible to contribute. This makes HSA family coverage for unmarried couples one of the few areas that can lead to a much larger total tax benefit.
HSA contribution deadline for unmarried couples
Even though contribution limits may be higher, the deadline is the same for everyone:
- Contributions must be made by the tax return filing deadline (usually April 15). This applies to both partners individually.
- Each partner contributes only to their own HSA as these accounts cannot be jointly owned.
Important tax restrictions to know
Using HSA funds for a partner’s medical expenses
While unmarried couples can max out their HSAs, there is a major restriction on how the money can be used. You cannot use your HSA funds to pay for your partner’s medical expenses unless they qualify as your tax dependent.
If you use HSA funds for a partner who is not a qualified dependent:
- The distribution becomes non-qualified
- The amount is subject to ordinary income tax
- A potential 10% penalty may apply
This rule surprises many domestic partners and is one of the most common HSA planning mistakes for unmarried couples.
The “last-month rule” and why it matters
Unmarried couples should also be cautious when using the HSA last-month rule.
The last-month rule allows you to contribute the full annual HSA amount if you are HSA-eligible on December 1, even if you were not eligible earlier in the year.
However, this comes with a catch:
- You must remain HSA-eligible for the entire testing period, which generally lasts through the end of the following year
- If you fail the testing period, excess contributions become taxable and may trigger penalties
This rule applies individually to each partner, so coordination and careful planning are essential.
Key takeaway
Unmarried, cohabiting partners with HDHP coverage can often double their total HSA contributions compared to married couples.
This strategy works best when:
- Each partner maintains a separate HSA
- Contributions stay within individual IRS limits
- HSA funds are used only for the account holder’s or dependents’ medical expenses
- The last-month rule is used cautiously and intentionally
When managed correctly, HSAs can be a beneficial tax-advantaged savings tool for unmarried couples. If you want to know more about HSA-eligible individuals or couples, and qualified medical expenses, we can help. Mercer Advisors offers tax planning and preparation services along with a comprehensive wealth management solution.
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