The “Double” Solo 401k: How to Shelter $144,000+ with Your Spouse
The name “Solo 401k” is misleading. It should be called the “Owner-Only 401k.” And guess who else counts as an owner? Your spouse. There is a special exception in the IRS code that allows you to add your spouse to the plan without treating them as a common-law employee. This effectively doubles your contribution limit from $72,000 to a massive $144,000 (in 2026). If you work together, you can turn your family business into a tax-free wealth compounding machine. Here is how to legally double-dip without triggering an audit.
Teamwork pays off: Adding a working spouse can instantly double your tax shelter to $144,000.
1. The Power of “Two”
Most tax deductions are capped per household. The Solo 401k is capped per participant.
*Based on 2026 limits (Under 50). If over 50/60, limits are even higher.
2. The “Bona Fide” Rule: Is It Legit?
You cannot just put your spouse on the payroll to get a tax break. They must actually work.
- Bookkeeper: Manages invoices & expenses (5-10 hrs/week).
- Social Media: Runs business Instagram/Ads.
- Admin: Scheduling, customer emails.
- Compensation: Reasonable market rate for the role.
- “Consultant”: No clear duties or hours.
- The “Paper” Spouse: Does nothing but sign tax forms.
- Overpayment: Paying $100k for 2 hours of filing.
3. Is It Worth It? (The FICA Tax Cost)
There is a cost to paying your spouse. You must pay payroll taxes (FICA) on their salary.
💡 The Trade-Off Formula
Paying your spouse $24,500 allows them to contribute $24,500 to the 401k.
- Cost: You pay ~15.3% in FICA taxes (Social Security/Medicare) on that salary. (~$3,700).
- Benefit: You save your Income Tax Rate (e.g., 24%, 32%, 37%) on that $24,500. (~$5,800 – $9,000).
- Verdict: If your Income Tax bracket > FICA Tax rate, you win. Plus, you are building Social Security credits for your spouse.
4. Logistics: One Plan, Two Accounts
You do not open two separate Solo 401k plans. You have ONE plan with two participants.
- Sub-Accounts: The broker (e.g., Fidelity, E*TRADE) will set up separate login IDs or sub-accounts for you and your spouse.
- Pooled Assets: For the $250,000 Form 5500-EZ threshold, you must combine BOTH balances.
Example: You have $150k, Spouse has $110k. Total = $260k. You MUST file Form 5500-EZ. - Filing Status: You typically file taxes as “Married Filing Jointly” to maximize the benefit, though it works for separate filers too.