Estate planning can be uncomfortable. After all, it’s difficult to contemplate your death or the death of your spouse. But it’s a crucial part of financial planning and, if done properly, it can make a difficult time a bit easier — and help ensure your legacy is solidified.
Unfortunately, even forward-thinking couples can overlook the ‘survivor’s penalty’, a tax- and benefits-related cost when your tax filing status changes from ‘married, filing jointly’ to single filer. This can lead to higher taxes and other complications.
The survivor’s penalty is one of the “most overlooked and financially damaging tax events,” certified financial planner Gregory Furer, CEO and founder of Beratung Advisors in Pittsburgh, told CNBC. “And it often appears at the worst possible time.” (1)
The survivor’s penalty affects more than just tax rates
In the year your spouse passes away, you can usually still file a joint return. (2) If you have a dependent child who lives with you, then you may be able to continue filing under this status for two years as a ‘qualifying widow(er)’ and possibly as a “head of household” after that, subject to certain conditions. (3)
Otherwise, and in most cases, you must file as a single filer in the year following the death of your spouse. (4)
Changing your status from a joint to single filer will alter your tax bracket, available standard deduction and thresholds for other taxes or tax breaks.
For example, the marginal tax rate for a couple filing jointly moves from 24% to 32% when the couple’s annual taxable income exceeds $211,400, but this same marginal tax increase takes place when the income of a single filer exceeds $105,700. (5)
At the same time, the minimum standard deduction for a couple filing jointly is $31,500, while that for a single filer is $15,750.
The threshold for some additional taxes, such as the net investment income tax, falls when you’re a single filer (6), as does the threshold where some tax breaks, like the deduction for seniors, starts to phase out.
However, with income streams such as Social Security benefits and required minimum distributions from your retirement accounts, your income might not drop by the $100,000 or more needed to maintain your existing marginal tax rate.
“The tax scenario in our country assumes a single person makes half of what a married couple makes, but it’s not that way in real life,” said Ed Slott, founder of IRAhelp.com, in an interview with Kiplinger. (7)
For instance, your RMDs may increase if you inherit a retirement account and you might get a bump in your Social Security check from the survivor benefit. If that happens, you could end up paying taxes on higher income in a higher tax bracket. (8)
Although it will eventually lead to tax-free withdrawals, if you inherit a Roth IRA and choose to do a Roth conversion, the converted amount will count as income, potentially creating a large tax bill in the years you execute the conversion.
Switching to a single filer will also lower the threshold at which you have to pay more for Medicare part B and D. For instance, in 2026, a couple filing jointly begins paying higher Medicare part B and D premiums when their income reaches $218,000, but a single filer pays higher premiums at $109,000. (9)
Again, it’s not a given that the death of your spouse will slash your income enough to avoid paying higher premiums.
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Planning ahead can reduce the survivor’s penalty
There are steps you can take now to mitigate the impacts of the survivor’s penalty. While both of you are alive — and preferably five to 10 years before retirement — you may want to consider making Roth conversions, which will reduce the survivor’s future RMDs and provide a source of tax-free retirement income.
You should also consider:
- Working with a financial or tax advisor to minimize the taxes you’ll pay on Roth conversions
- Optimizing your retirement plan to cover different income scenarios, including widowhood
- Taking advantage of the joint filing status in the year your spouse passes to do a Roth conversion
- Disclaiming an inherited IRA if you have sufficient income from other sources, in order to lower your tax burden
- The step-up in basis provision of the tax code, which resets the starting value used to calculate capital gains on inherited property to the fair market value on the date of the person’s death. (10)
If you choose to sell an asset like your home close to this date, it likely won’t have appreciated significantly, and you’ll pay minimal or no capital gains tax on it. This can make it easier to raise cash for expenses, or to cover the taxes due as a result of a Roth conversion.
Working with your financial advisor can make it easier to understand these scenarios and make a smart decision on the best financial plan for you.
Article sources
We rely only on vetted sources and credible third-party reporting. For details, see our editorial ethics and guidelines.
CNBC (1); LegalClarity (2); IRS (3); (4; (5); (6); Kiplinger (7); Social Security Administration (SSA) (8); Medicare (9); Fidelity (10).
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Vawn Himmelsbach is a veteran journalist who has been covering tech, business, finance and travel for the past three decades. Her work has been featured in publications such as The Globe and Mail, Toronto Star, National Post, Metro News, Canadian Geographic, Zoomer, CAA Magazine, Travelweek, Explore Magazine, Flare and Consumer Reports, to name a few.
