What Is a Widow's Allowance, and How Does It Work?

By

Jeanette Beebe

Updated March 19, 2024

Reviewed by

Ebony Howard

What Is a Widow's Allowance?

A widow’s allowance—also known as a widower's allowance or spousal allowance—is money or personal property that a spouse and/or children receive after their loved one's death to meet their immediate needs.

A state statute or probate court determines the amount of the allowance, which is set aside to protect the surviving partner and family of a deceased person from financial hardship during the administration of the deceased's estate.

The relevant jurisdiction may have an established limit dictating the length of time during which these benefits can be disbursed.

Key Takeaways

A "widow’s allowance" is a traditional term that refers to the funds or personal property that a widow receives after her husband's death to meet her immediate needs. It is also known as a "widower's allowance" or "spousal allowance," depending on the parties involved. Certain children may also receive this allowance.
A probate court or state statute determines the allowance amount.
The disbursement of the allowance may be time-limited.
A widow's allowance differs from a widow’s pension, which is a recurring benefit payment that a surviving spouse receives from Social Security or a VA survivors pension.

Determining the Allowance Amount

The amount of the allowance is either fixed by state statute or determined by court on the basis of the deceased person's estate. The amount decided by the court is typically proportional to the size of the estate. The allowance is likely to be higher if the deceased person was wealthy and left behind a large estate than if the size of the estate is modest. The amount of this allowance may also be impacted by the age and dependency status of any children the couple may have.

A widow's allowance, aka spousal allowance, is time-limited, unlike a recurring survivor's benefits.

Eligibility

What a surviving spouse and/or children are eligible to receive is based on what a court decides, or what is stated in a state statute. The requirements differ from Social Security, which determines eligibility based on a loved one's work history.

There is a timeline that a surviving spouse and/or children must follow, a ticking clock that limits when the allowance may be claimed. There also may be a fee to file a claim for a spousal allowance, as well as a fee for each asset listed on the claim form. This varies from state to state. Valuing each asset is part of the process, and only certain property may be counted: real property (homes, land, etc.) is not eligible for a spousal allowance, but personal property (vehicles, bank accounts, etc.) is.

The allowance varies state by state and has changed over the years. For example, the spousal allowance in North Carolina is $60,000, as of January 1, 2019. For eligible children, the allowance is $10,000 if their loved one dies on or after March 1, 2024. (It was previously $5,000.)

Check with a local attorney to confirm.

How Is a Widow's Allowance Different from a Widow’s Pension?

Whereas a widow's allowance, widower's allowance, or spousal allowance is time-limited, a widow’s pension is a recurring survivor's benefit that a surviving spouse may be entitled to receive as a beneficiary of a pension plan, retirement account, Social Security or a VA survivors pension. The criteria for qualifying for these benefits will vary, and will usually be spelled out in the written documentation and policies dictated in the program terms and guidelines. Likewise, the formula for determining the amount of these allowance payments will also be dictated by the program.

Can I Claim Both Retirement and Survivor's Benefits?

Yes. However, do note that a spousal allowance is not a survivor's benefit. A a widow's allowance, widower's allowance, or spousal allowance is intended to fill a short-term gap, whereas a survivor's benefit, as determined by Social Security, supports a surviving family member long term. Claiming retirement is both different and compatible with claiming survivor's benefits. You can do both.

How Is a Widow's Allowance Different from a Will?

A widow's allowance is determined by court or state statute, whereas a will is determined by an individual's own preferences, as stated in a legal document. Though the actual benefits—that is, what a spouse receives when a loved one dies—may be similar, the difference is how the benefits are determined: who decided them, and when.

The Bottom Line

A widow's allowance is a benefit of money and/or property distributed to a surviving spouse and/or children when a loved one dies. Unlike a will or Social Security benefits, it is determined by a state statute or by a court. It is designed to support a family in the short term during a difficult time.

Article Sources

Investopedia requires writers to use primary sources to support their work. These include white papers, government data, original reporting, and interviews with industry experts. We also reference original research from other reputable publishers where appropriate. You can learn more about the standards we follow in producing accurate, unbiased content in our editorial policy.

Marquette Law Review. "" Page 193.
University of North Carolina School of Government.
Social Security Administration. "."
U.S. Department of Veterans Affairs.

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