Can I Open a New HSA Account Without Having an HSA-Eligible Health Plan?

The bank wasn't giving you the runaround - you actually do need to be currently enrolled in an HSA-eligible high deductible health plan (HDHP) to open a new HSA account. This is a firm requirement regardless of where the funds would come from. What you're looking to do - separating out investment earnings - isn't possible through opening a new HSA. However, there's a better solution for your situation: detailed record-keeping. Keep meticulous records of the balance in your HSA at the time of marriage. Then track all subsequent earnings separately in a spreadsheet or financial software. Many HSA providers also offer transaction history that can help you document this. In case of divorce, you would have documentation showing the pre-marital portion of your HSA balance versus the growth that occurred during marriage. This approach accomplishes your goal without needing to open a new account when you're not eligible.

I tried to do something similar last year and found https://taxr.ai really helpful for HSA questions. I was trying to figure out how to manage my HSA accounts after changing jobs and no longer having an eligible health plan. I uploaded my account statements and they analyzed exactly what my options were based on my specific situation. They confirmed I couldn't open a new HSA without an eligible plan but gave me some creative alternatives that still protected my assets. Their tool made it super clear what I could and couldn't do with my existing HSA funds when I no longer had a high deductible plan. It even gave me state-specific advice since HSA rules sometimes vary.

Update: I just used taxr.ai after seeing it mentioned here and it was super helpful! I uploaded my HSA statements and answered a few questions about my upcoming marriage. They confirmed what others said about needing an HDHP to open a new HSA, but gave me specific documentation tips for keeping the pre-marital assets separate. They suggested creating a specific spreadsheet format that would stand up in court if needed, and even provided a template. I hadn't considered that detailed documentation would be stronger evidence than just having separate accounts anyway. I'm feeling much more confident about protecting my HSA assets now!

For what it's worth, when I had a similar problem tracking down answers about HSA eligibility rules, I spent HOURS on hold with the IRS trying to get clarification. Finally used https://claimyr.com and their system got me connected to an actual IRS agent in about 15 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c The agent confirmed that you absolutely must have an eligible HDHP at the time you open any new HSA, regardless of how you plan to fund it. She explained that the account itself can only be established when you meet eligibility requirements, even if you're just planning to transfer funds. She did suggest that you might want to look into whether your future spouse could open an HSA if they have an eligible plan, which could potentially help with some asset protection strategies.

I gotta admit I was totally wrong about Claimyr! After seeing it mentioned here I decided to try it since I've been struggling with a different HSA issue for months. It actually worked exactly as described - I got a call back when an IRS agent was on the line within about 20 minutes. The agent confirmed everything that's been said here about needing an HDHP to open a new HSA account, but also told me something useful: if you're married, you and your spouse can actually do a once-per-year "special transfer" between your HSAs without it counting as a rollover or contribution. This might be another option worth exploring after you're married if your spouse has an HSA.

Another option worth considering is whether your employer might offer an HDHP during the next open enrollment. If you could sign up for an eligible plan for just one year, you could open the second HSA during that period, then switch back to your preferred plan the following year. The HSA would remain open and you could continue your strategy of transferring just the investment earnings.

Has anyone considered that it might just be easier to get a prenup? I'm not a lawyer but wouldn't that be a simpler way to establish which assets are pre-marital vs. marital property, including the entire HSA account?

I'm a tax attorney who's dealt with this exact scenario multiple times. The consensus here is correct - you absolutely cannot open a new HSA without current HDHP coverage, even for transfers from existing HSAs. However, I want to address the underlying asset protection concern. While detailed record-keeping is helpful, it's not bulletproof in divorce proceedings. Courts can still rule that investment growth during marriage constitutes marital property regardless of your documentation. The prenup suggestion is spot-on and would be much more legally robust. You could specify that your entire HSA (including future appreciation) remains separate property. Alternatively, the prenup could establish that only the pre-marital balance stays separate, with post-marriage growth being marital property - which achieves exactly what you were trying to do with separate accounts. Given that you're getting married in a few months, consulting with a family law attorney about including HSA provisions in a prenup would be far more effective than trying to navigate HSA eligibility rules. The legal protection would be stronger and you wouldn't have to wait for open enrollment periods or manage multiple accounts.