What is a qualifying surviving spouse?

Asked by: Demarcus Gislason  |  Last update: April 21, 2025
Score: 4.3/5 (65 votes)

Taxpayers can claim the qualifying surviving spouse filing status if all of the following conditions are met: You were entitled to file a joint return with your spouse for the year your spouse died. Have had a spouse who died in either of the two prior years. You must not remarry before the end of the current tax year.

What qualifies as a qualifying surviving spouse?

Who is a Qualifying Widow(er)? Taxpayers who do not remarry in the year their spouse dies can file jointly with the deceased spouse. For the two years following the year of death, the surviving spouse may be able to use the Qualifying Widow(er) filing status.

Who is considered a surviving spouse?

(3) Surviving spouse (A) In general The term “surviving spouse” means the surviving wife or husband of a participant or retired participant who (i) was married to the participant or retired participant for at least 9 months immediately preceding the participant's or retired participant's death, or (ii) who is the ...

Do you get a tax break for being a widow?

There are no special tax credits or deductions because of the death. However, you may benefit tax-wise if you choose to file a joint tax return because the deceased received income for a part of the year, but the standard deduction you will claim is for the entire year.

What is the difference between head of household and qualifying widow?

After the two-year period using the qualifying widow filing status ends, And you remain unmarried. The Head-of-Household filing status is for those who are single, unmarried and have qualified dependents. To qualify for this status, you paid for more than half the cost of keeping up a home.

The Qualifying Surviving Spouse Filing Status

38 related questions found

What is a qualifying surviving spouse on Turbotax?

You are a Qualifying Surviving Spouse (formally called qualifying widower) if you could or did file a joint return in the year of death and you have a qualifying dependent in the 2 tax years following death. After those 2 tax years you may be Head of Household as long as you still have a qualifying dependent.

How does the death of a spouse affect taxes?

You can file jointly in the year of your spouse's death (unless you remarry). However, after the year of death, you'll file as a single taxpayer, unless you are a qualifying widow(er) with a dependent child.

What is the widow's tax trap?

A widow's filing status could change

Widows often receive less income but will be pushed to higher tax brackets. In addition to higher tax rates, widows lose half the standard deduction as a single filer, increasing their tax bill as a result.

When my husband dies, do I get his social security and mine?

You cannot claim your deceased spouse's benefits in addition to your own retirement benefits. Social Security only will pay one—survivor or retirement.

Are funeral expenses tax deductible?

You can't deduct funeral expenses on your personal income tax return because the IRS doesn't consider them qualified medical expenses. You can deduct funeral expenses if they're paid using the estate's funds, but only for estates that are subject to tax.

What not to do when a spouse dies?

Top 10 Things Not to Do When Someone Dies
  1. 1 – DO NOT tell their bank. ...
  2. 2 – DO NOT wait to call Social Security. ...
  3. 3 – DO NOT wait to call their Pension. ...
  4. 4 – DO NOT tell the utility companies. ...
  5. 5 – DO NOT give away or promise any items to loved ones. ...
  6. 6 – DO NOT sell any of their personal assets. ...
  7. 7 – DO NOT drive their vehicles.

Who gets the tax refund of a deceased person?

Claiming a refund

If you file a return and claim a refund for a deceased taxpayer, you must be: A surviving spouse/RDP. A surviving relative. The sole beneficiary.

How much does a wife get of her husband's Social Security if he dies?

Surviving spouse, any age, with a child younger than age 16, gets 75% of the worker's benefit amount. Child gets 75% of the worker's benefit amount. There's a limit to the benefits we can pay to you and other family members each month. The limit varies between 150% and 180% of the deceased worker's benefit amount.

What are the qualifications for surviving spouse?

You qualify if all of the following apply:
  • Your spouse/RDP died in 2022 or 2023 and you did not remarry or enter into another registered domestic partnership in 2024.
  • You have either a: ...
  • The child lived in your home for all of 2024. ...
  • You paid over half the cost of keeping up your home for the child.

What disqualifies you from survivor benefits?

Impact of remarrying: If you remarry before age 60 (or 50 if disabled), you typically won't be eligible to collect survivor benefits from your former spouse. However, if the subsequent marriage ends, you may become eligible again.

What is a widow entitled to when her husband dies?

If your spouse built up entitlement to the State Second Pension between 2002 and 2016, you are entitled to inherit 50% of this amount; PLUS. If your spouse built up entitlement to Graduated Retirement Benefit between 1961 and 1975, you are entitled to inherit 50% of this amount.

How long does a widow get survivor benefits?

How long does a widow receive survivor benefits? Social Security benefits are payable to you for life unless you collect a retirement benefit that is greater than the survivor benefit.

What is the most advantageous filing status for a widow?

What's the Advantage of Filing My Taxes As a Qualified Widow(er)? This filing status allows you to claim the highest standard deduction—the same as that for married filing jointly—in 2024, and it is $29,200, increasing to $30,000 in 2025.

Do widows pay more taxes after their spouse dies?

Simply put, the widow's penalty is when a surviving spouse ends up paying more taxes on less income after the death of their spouse. This happens when a widow or widower starts filing as a single filer the year after their spouse's death.

What is the widow's exemption for wife?

A widow(er)'s exemption refers to a reduction of tax burdens on a taxpayer following the death of a spouse. State laws vary but generally allow for a reduction in taxes for a surviving spouse for a certain period.

What not to do when someone dies?

What Not to Do When Someone Dies: 10 Common Mistakes
  1. Not Obtaining Multiple Copies of the Death Certificate.
  2. 2- Delaying Notification of Death.
  3. 3- Not Knowing About a Preplan for Funeral Expenses.
  4. 4- Not Understanding the Crucial Role a Funeral Director Plays.
  5. 5- Letting Others Pressure You Into Bad Decisions.

Am I responsible for my husband's tax debt if he dies?

Now a loved one has died, and it turns out they owed the IRS some money – a lot. While some debts disappear after the debtor dies, that's not true of tax debts. That debt is now owed to the IRS by the deceased's estate, and the IRS will attach a lien to it for the amount owed.

Who is eligible for qualifying surviving spouse?

Taxpayers can claim the qualifying surviving spouse filing status if all of the following conditions are met: You were entitled to file a joint return with your spouse for the year your spouse died. Have had a spouse who died in either of the two prior years. You must not remarry before the end of the current tax year.