What Happens to an Annuity When the Spouse Dies?
TL;DR: Depends entirely on (a) what type of annuity, (b) how the contract is owned, (c) what beneficiary designation is in place. For a single-life SPIA, payments stop at the annuitant's death. For a joint-life SPIA, payments continue (often at a reduced rate). For a deferred annuity (MYGA, FIA, VA), the spouse can usually continue the contract or take the death benefit as a lump sum or 5-year payout. IRA-held annuities follow IRA spousal rollover rules, which are usually the most favorable option.
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CD vs MYGA, after tax
What $100,000 earns in 5 years: CD vs MYGA, after tax
Rates used: CD 5.00%, the top nationally available 5-year CD (Bankrate, October 14, 2026); change it to the rate you are offered. MYGA 5.95%, the best A-rated rate we track as of October 13, 2026: Delaware Life Pinnacle Plus 5-year (AM Best A-, negative outlook, 7/31/2026), $100,000 and up, effective October 6, 2026 (Delaware Life rate sheet).
| CD, interest taxed every year | $121,081 |
|---|---|
| MYGA, tax-deferred, before tax | $133,507 |
| MYGA after paying tax on all the interest at withdrawal | $126,136 |
| Tax deferral alone adds about | $674 |
| MYGA ahead of the CD, after tax | $5,055 |
Assumes 22% federal and 0% state income tax, no withdrawals, rates held for the whole term. MYGA interest is taxed as ordinary income when you withdraw it, not as capital gains. Gains taken before age 59 1/2 can owe a 10% IRS penalty, and cashing out early can cost a surrender charge. In an IRA both grow tax-deferred, so the edge there is the rate alone. Bank and credit union deposits are FDIC or NCUA insured up to the limits; a MYGA is backed by the issuing insurer's claims-paying ability and your state's guaranty association up to its limits, not the FDIC. General education, not tax, legal or financial advice.
The 4 questions that determine what happens
- Is this a SPIA (income-paying) or a deferred annuity (still accumulating)?
- Is it single-life, joint-life, period-certain, or cash-refund?
- Is it inside an IRA or non-qualified?
- Who is named as primary beneficiary?
SPIA: depends on the payout option chosen at annuitization
Pure single-life (life only)
Pays for the lifetime of one annuitant. At death, payments stop. No residual value, no beneficiary payment. Highest monthly payout in exchange for no death benefit.
Used when: there's no spouse, or the spouse is otherwise covered, or the buyer wants max income and accepts the trade-off.
Single-life with cash refund
Pays for the annuitant's life. If the annuitant dies before total payments equal premium, the difference is paid to beneficiary as a lump sum or installments. Slightly lower monthly payout than pure life-only.
Single-life with period certain (e.g., 10 years certain)
Pays for the longer of: annuitant's life or 10 years. If the annuitant dies in year 4, payments continue to the beneficiary through year 10.
Joint-and-survivor (e.g., 100% J&S, 75% J&S, 50% J&S)
Pays for as long as either annuitant is alive. At first death, payments continue to the survivor (at the elected percentage of original payment). Lower starting monthly payout than single-life because the carrier expects to pay longer.
| SPIA option | At first annuitant death | At survivor death |
|---|---|---|
| Single life only | Payments stop | N/A |
| Single life + cash refund | Lump sum to beneficiary of unrefunded premium | N/A |
| Single life + 10 yr certain | Payments continue to beneficiary if within 10 yrs | N/A |
| Joint 100% survivor | Same payment continues to survivor | Payments stop |
| Joint 50% survivor | Payment reduced to 50% for survivor | Payments stop |
Deferred annuity (MYGA, FIA, VA): three options for the survivor
For a deferred annuity (still accumulating, not yet paying income), when the owner dies, the surviving spouse beneficiary has three main options under IRS rules:
Option A: Spousal continuation
The surviving spouse becomes the new owner of the contract and continues it as if it were their own. The contract keeps growing, surrender charges may continue, RMD rules reset to the survivor's age. Often the best option for tax efficiency.
Option B: Lump-sum death benefit
The survivor takes the full account value (or death benefit, if higher) as a lump sum. For a non-qualified annuity, gain is fully taxable as ordinary income that year. For an IRA annuity, the lump sum can be rolled into the survivor's IRA (spousal rollover) to defer tax.
Option C: 5-year rule or stretch (for IRA annuities)
Distribute the entire balance within 5 years (5-year rule), or take distributions over the survivor's life expectancy (stretch). The SECURE Act changed many stretch rules; surviving spouses still have favorable stretch options not available to other beneficiaries.
The IRA spousal rollover: the single most powerful option
When the deceased spouse owned an IRA-held annuity, the surviving spouse can do a spousal rollover, treating the inherited IRA as their own. This:
- Defers income tax until the survivor's own RMD age (73)
- Allows continued contributions if the survivor has earned income
- Resets the RMD calculation to the survivor's age (often delaying RMDs)
- Lets the annuity continue accumulating tax-deferred under the survivor's ownership
The spousal rollover is unique to surviving spouses. Non-spouse beneficiaries don't have this option; they must either take a lump sum or follow the 10-year rule under SECURE.
Death-benefit cliffs to watch for
Some annuity contracts have surprise death-benefit reductions:
- Variable annuity GLWB: the income-base died with the contract holder. The death benefit may be only the cash value, not the inflated benefit base.
- FIA with stacked riders: rider charges are typically subtracted from the cash value. The death benefit may be cash value (post-rider-charges), not premium-plus-credits.
- VA with return-of-premium guarantee that 'steps down' at age X: some contracts reduce the guaranteed death benefit at age 75 or 80. Read the contract.
Non-qualified annuity: the spousal continuation specifics
Non-qualified means after-tax money. When the owner dies and spouse continues the contract:
- The cost basis (original premium) carries over to the surviving spouse
- Gain inside the contract is still tax-deferred
- No step-up in basis for the gain: LIFO rule applies when survivor eventually withdraws
This is different from inheriting a brokerage account, where the survivor typically gets a step-up in basis. Annuity gain doesn't step up at death. It's one of the IRS quirks of annuity ownership.
Common mistakes after a spouse's death involving annuities
- Cashing out a non-qualified annuity in the year of death. The full gain becomes taxable income that year, often pushing the survivor into a higher bracket and possibly triggering IRMAA. Spousal continuation almost always wins.
- Forgetting to file a spousal rollover paperwork on the IRA-held annuity. The default treatment is sometimes worse than the spousal rollover; always elect it explicitly.
- Assuming the joint-life SPIA pays survivor the full amount. Read the contract. Many are 50% or 75% J&S, not 100%. Survivor income drops accordingly.
- Not updating beneficiary designations after the first death. If the spouse was primary beneficiary and now is gone, the contingent beneficiary inherits at the next death. If no contingent is named, the estate gets it: the worst-case tax outcome.
- Taking the death benefit as a lump sum because 'lump sum = good.' The lump sum is usually the highest-tax option. Spousal continuation or stretch are usually better.
Worked example: 78-year-old widow with $400K IRA annuity
Frank died at 80. His IRA held a $400K MYGA in year 4 of a 7 year contract, paying 5.50% (an illustrative rate, not a current quote). Surviving spouse Mary, 78, is the named beneficiary.
Mary's options:
- Spousal rollover: Mary becomes the IRA owner. The MYGA continues to maturity at 5.50%. RMDs based on Mary's age. Tax-deferred growth continues.
- Lump sum: $400K distributed to Mary, fully taxable as ordinary income in the year of distribution. Pushes Mary into highest bracket, triggers IRMAA. Worst outcome.
- 5-year rule: $80K/year for 5 years. Spreads tax but still uses up the annuity. Loses the long-term growth benefit.
Mary should choose spousal rollover. The MYGA continues earning 5.50% inside her own IRA. She takes RMDs starting at 73 (already RMD-age, so first RMD due immediately) but the bulk stays growing.
Related reading
- Best annuity for a widow over 70
- Non-qualified annuity tax explained
- What's the biggest disadvantage of an annuity?
- How much does a $100K annuity pay per month?
- Best annuity for military retirees
Frequently Asked Questions
Can I name my children as primary beneficiary instead of my spouse?
Yes, but think carefully. Non-spouse beneficiaries don't get the spousal rollover. They face the SECURE Act 10-year rule on inherited IRAs and the LIFO rule on non-qualified annuities. Usually the spouse is the right primary; children as contingent.
What's the 'stretch' for surviving spouse?
The surviving spouse can elect to stretch distributions over their own life expectancy rather than the 10-year rule that applies to most other beneficiaries. This is one of the strongest spousal benefits in the SECURE Act.
Is the death benefit on an annuity tax-free like life insurance?
No. Annuity gain is taxed as ordinary income to the beneficiary. The basis (original premium) comes back tax-free. Life insurance death benefit is generally income-tax-free; annuities are not.
Can a beneficiary do a 1035 exchange on an inherited annuity?
Limited. Non-spouse beneficiaries can do a 1035 exchange in narrow circumstances (e.g., into another deferred annuity at the same carrier or specific structures). Surviving spouses can effectively continue or exchange the contract through spousal continuation.
What if I have a domestic partner instead of a legal spouse?
Domestic partners (in states recognizing them) usually do NOT have the same federal tax rights as legal spouses. The spousal rollover, spousal continuation, and stretch rules are tied to federal-spousal status. Domestic partners are treated like other non-spouse beneficiaries.
Does community property apply to annuity death benefits?
In community property states, an annuity purchased with community funds may be 50% owned by the surviving spouse already, regardless of the contract titling. Consult a state-specific attorney; the rules vary here.
Are joint-life SPIA payments taxed when received by the survivor?
Yes, same as during the first annuitant's life. Each payment has a tax-free basis portion and taxable gain portion (non-qualified) or is fully taxable (IRA-funded). The death of the first annuitant doesn't change the tax character of payments to the survivor.
Can I add a death benefit rider to a SPIA after the fact?
No. SPIA payout structure is fixed at annuitization. Any cash refund, period certain, or joint-survivor election must be made at the time the SPIA is purchased.
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Disclosure
This article reflects publicly available product materials and approximate rates as of the date stated above. Annuity rates, caps, participation rates, payout factors, crediting methods, and tax rules change frequently. Confirm current figures in the latest carrier disclosure and the contract before you buy. This article is general information for educational purposes; it is not a personalized recommendation, solicitation, or offer of any specific product, nor is it tax or legal advice. Hans Goldstein is an independent licensed insurance producer (NPN 20602398) appointed with multiple A-rated carriers across the annuity and long-term care insurance market; specific appointment status with any carrier discussed may vary, and discussion of a carrier is not an endorsement or representation of carrier appointment. No compensation has been received from any carrier in connection with the publication of this article. Always read the actual contract and consult a licensed advisor and a CPA or tax attorney before purchasing any annuity or making rollover decisions. Annuities are long-term contracts with surrender charges; they are not suitable for funds you may need before the end of the surrender period. AM Best ratings, payout factors, and tax treatment are subject to change. References to the TSP, FERS, CSRS, OPM, USPS, Social Security, IRMAA, WEP/GPO, IRC §72, §453, and §1035 reflect rules as of 2026 and are subject to change.