Why Every Couple Needs a Survivorship Plan

For those in committed partnerships—whether through marriage or long-term relationships—facing the idea of losing a spouse is painful and often avoided. But preparing for that possibility is not just practical—it’s an act of love. Thoughtful planning today ensures that the surviving spouse is protected emotionally, legally, and financially when that difficult day comes.

Survivor benefits, pensions, annuities, and legal incapacity all involve complexities that can be overwhelming when they’re not addressed in advance. A recent Next Avenue article, “Surviving Survivor Benefits,” highlights the importance of survivor planning and the common pitfalls that many couples—often unknowingly—fall into.

What Happens If You Don’t Plan?

When one spouse passes away, the survivor is often left to navigate not only grief, but also a maze of financial and legal responsibilities. Without preparation, this can lead to confusion, loss of income, and difficult legal hurdles.

Estate planning isn’t just about dividing property after death. It’s about putting legal tools in place—while both spouses are alive and competent—to protect each other in the most critical moments.

Key Areas Where Couples Should Plan Ahead

1. Pensions and Survivor Benefits

Most pensions fall under ERISA, a federal law that requires a portion of benefits to be available to surviving spouses. In many cases, the surviving spouse receives half of the monthly pension.

However, some couples waive this benefit—often when the employee chooses a lump sum payout instead of monthly income. This decision must be made in writing and notarized by both spouses. Unfortunately, it’s often only years later—after the funds are gone—that the consequences become clear: the surviving spouse receives nothing.

Before making a decision, couples should weigh the options together and review what survivor benefits are included (or excluded) in their plan.

2. Annuities and Death Benefits

Like pensions, annuities often come with survivor benefit options. But the terms must be reviewed carefully:

• Is there a guaranteed death benefit?
• What’s the duration and amount of any survivor payout?
• Can the spouse receive a lump sum or ongoing payments?

Each annuity contract is different. Some allow beneficiary updates, while others lock in the original choices. Again, these decisions should be revisited while both spouses are healthy and legally capable.

Why Timing Matters

Many people assume they’ll have time to update documents later—but life doesn’t always work that way. Once someone is incapacitated, they can no longer legally sign a will, Power of Attorney, or trust. That’s why it’s crucial to have everything in place beforehand.

A complete estate plan should include:

• A will
• Financial and healthcare powers of attorney
• Advance healthcare directive
• A trust (if appropriate for your situation)

Making these decisions in advance ensures clarity and control when it matters most—and avoids potential disputes among family members.

Planning Is a Gift, Not a Burden

Thinking about a spouse’s passing is never easy. But taking steps now protects your partner from unnecessary legal complications and financial uncertainty. Whether it’s ensuring pension payments continue, avoiding probate, or clearly stating healthcare wishes—estate planning is a powerful act of care.

We’re Here to Help

At The Werner Law Firm, we help couples navigate the emotional and legal complexities of estate planning with compassion and clarity. From reviewing beneficiary designations and financial documents to crafting a plan that reflects your values, our experienced estate planning team is here to guide you every step of the way.

f you have any questions, schedule a free appointment with us through our online appointment page.

You can also read reviews from some of the hundreds of clients we have helped over the years.

Reference: Next Avenue (May 7, 2025) “Surviving Survivor Benefits”