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Anne
Anne, Master Tax Preparer
Category: Tax
Satisfied Customers: 2355
Experience:  Enrolled Agent with 25 Years Experience specializing Individual and Small Businesses
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An HSA and how to settle it because of divorce JA: Thanks.

Customer Question

An HSA and how to settle it because of divorce
JA: Thanks. Can you give me any more details about your issue?
Customer: I own the HSA. My ex-wife and I have both contributed to it. Although I do not read this anywhere in Divorce Decree, I was going to divide this with her. She is not eligible to open an HSA because she has basic insurance through her employer. Is it possible to make a distribution from the HSA to her without creating a taxable event?
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Submitted: 8 months ago.
Category: Tax
Expert:  Anne replied 8 months ago.
HiThank you for requesting me. Unfortunately, the only way that you can take money out of your HSA and not have it not be a taxable event to you is if it was part of the divorce decree. Please see page 20 of pub 504 (https://www.irs.gov/pub/irs-pdf/p504.pdf) If you found this answer helpful, please take the moment to rate positive by clicking on the stars. It is ONLY through positive ratings that we are compensated for our time and knowledge. Thank you for choosing justanswer.

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