Dependent care FSA

[Gin1984]

I just found out that our contract (as of Jan 2015) will include a employer contribution to my dependent care FSA.  I do not know how much, as of yet.  But, we were planning on having DH hold the FSA because as a student I don't pay FICA during the school year and he would being paying FICA all year.  I did see that for filing a separate return each spouse is capped at $2500 but since DH and I will be filing jointly, there should be no problem with putting in say, $100 in my daycare FSA and $4900 in his, right.  I can't find any direct statement in the IRS docs I can find.

[ABC123]

I'm no accountant, bit it doesn't seem like it would matter. As long as the total is not over 5000, I can't think of any reason why the IRS would care how it is split between the two of you. My company offers the daycare fsa but they don't contribute anything to it. I put my 5000 in and it sure is a nice little tax break.