A widow’s allowance—also known as a widower’s allowance or spousal allowance—is financial support or personal property that a surviving spouse and/or children receive following the death of their loved one to address immediate needs.
Key Highlights
- Immediate Financial Support: A widow’s allowance, also known as a spousal or widower’s allowance, provides crucial funds to help a surviving spouse cope with immediate financial needs after losing a spouse. Certain children may also be eligible.
- Court or Statutory Determination: The allowance amount is determined either by state statute or by a probate court.
- Time-Limited Disbursement: These benefits are typically time-limited and differ from recurring survivor’s benefits provided by Social Security.
- Distinct from Widow’s Pension: A widow’s allowance is different from a widow’s pension, which is an ongoing benefit payment for surviving spouses from programs like Social Security or a VA survivor’s pension.
Determining the Allowance Amount
The amount of the widow’s allowance is either fixed by state statute or determined by a court based on the deceased’s estate. The sum is usually proportional to the size of the estate, meaning a larger estate may result in a higher allowance. Children’s age and dependency status could also affect the allowance amount. A spousal allowance is designed to address short-term needs, unlike ongoing survivor’s benefits.
Eligibility Criteria
Eligibility for a widow’s allowance depends on state statutes or court decisions. This contrasts with Social Security, which bases eligibility on the deceased spouse’s work history.
Surviving spouses and/or children must claim the allowance within a designated timeline. There may also be filing fees for the claim and individual listed assets. Only personal property (like vehicles or bank accounts) is typically eligible, whereas real property (such as homes or land) is not. For example, as of January 1, 2019, the spousal allowance in North Carolina is capped at $60,000. For eligible children, the allowance is $10,000 for deaths occurring on or after March 1, 2024.
Distinctions Between Widow’s Allowance and Widow’s Pension
A widow’s allowance is a one-time, time-limited support provided during estate administration by a court or state statute. On the other hand, a widow’s pension is an ongoing survivor’s benefit, often determined by programs like Social Security or a veteran’s survivor pension.
Navigating Retirement and Survivor’s Benefits
You can claim both retirement and survivor’s benefits. However, note that a spousal allowance is not classified as a survivor’s benefit. A widow’s allowance is meant for short-term financial gaps, while survivor’s benefits offer long-term financial support.
Widow’s Allowance vs. Wills
A widow’s allowance is determined by state courts or statutes, whereas a will is a pre-determined legal document stating individual preferences. Though the support from both sources might seem similar, the primary differences lie in who decides to disburse the support and when.
Final Thoughts
A widow’s allowance offers important short-term financial support to surviving spouses and/or children after a loved one’s death. Governed by state statutes or probate courts, it aims to mitigate financial hardship during a particularly challenging time.
Related Terms: probate, pension plan, Social Security survivor benefits, will.
References
- Marquette Law Review. “Taxation: Widow’s Allowance and the Internal Revenue Code,” Page 193.
- University of North Carolina School of Government. “A Frequent Flyer in Estates: The Spousal Year’s Allowance.”
- Social Security Administration. “Survivors Benefits”.
- U.S. Department of Veterans Affairs. “VA Survivors Pension.”
