Estate Planning Strategies to Protect Your Spouse: Tools for Lasting Security
Marriage is a partnership built on love, shared dreams, and mutual support. When it comes to estate planning, you have unique opportunities to provide for your spouse after you’re gone—tools and strategies available only to legally married couples that can offer financial security, tax advantages, and protection.
Here are some of the most effective ways to safeguard your spouse’s future while preserving your legacy.
Lifetime Qualified Terminable Interest Property (QTIP) Trust
If one spouse individually owns more money or property than the other, a lifetime qualified terminable interest property (QTIP) trust allows the wealthier spouse (grantor spouse) to transfer money and property into the trust for the benefit of the less wealthy spouse (beneficiary spouse). This alternative is generally better than making outright gifts to a spouse because it may provide some creditor protection. A lifetime QTIP trust can also be a valuable strategy for couples in a second or subsequent marriage. During their lifetime, the beneficiary spouse will receive the income generated by trust assets and may also access trust principal for specific purposes such as healthcare, education, or other needs as defined by the grantor spouse. Thiss tructure allows the grantor spouse to provide for their partner during life while ultimately preserving the remaining assets for the grantor spouse’s children from a prior marriage or other chosen beneficiaries.
When the beneficiary spouse dies, the remaining property in the trust is included in their estate, making use of their unused federal estate tax exemption. If the beneficiary spouse dies first, the remaining trust property can continue (subject to applicable state law) for the grantor spouse’s benefit. If the lifetime QTIP trust is properly structured, any remaining trust assets may be excluded from the grantor spouse’s estate upon their death. After both spouses have passed, the remaining trust property is distributed to the beneficiaries designated by the grantor spouse when the trust was originally created.
A lifetime QTIP trust can offer meaningful benefits, but it may have unintended effects if amarriage ends in divorce. Because the trust is irrevocable, the former spouse could remain entitled to income for life unless the trust specifically defines the beneficiary spouse as the current spouse. With thoughtful drafting and the help of an experienced estate planning attorney, you can ensure that the trust reflects your wishes even if life takes an unexpected turn.
Portability: A Simple Way to Maximize Exemptions
The federal estate and gift tax exemption is currently $15 million per person in 2026 (up from$13.99 million in 2025), meaning a married couple can shield up to $30 million from federal estate taxes. This amount is now permanent (per recent legislation) and will be indexed for inflation starting in 2027. Even with this high threshold, portability remains a valuable, low-effort tool:
-When the first spouse passes, the surviving spouse can “inherit” any unused portion of the deceased spouse’s exemption (called the Deceased Spousal Unused Exclusion, or DSUE).
-This lets the survivor combine their own exemption with the unused amount, potentially shielding more assets tax-free.
-To claim portability, file IRS Form 706 (estate tax return) timely—usually within 9 months of death (extensions available).
Portability is especially helpful for uncertainty or blended families. Note: The DSUE applies only from your most recently deceased spouse—if you remarry, use the first spouse’s unused amount before the new spouse passes.
Final Thoughts: Building a Plan That Fits Your Marriage
You’ve built a life together—estate planning lets you protect that partnership long-term. Whether through a QTIP trust for income security, portability for simplicity, or a combination tailored to your situation, the right strategy can provide peace of mind for your spouse and your family.
Every couple’s circumstances are unique—blended families, asset types, state laws, and goals all play a role. We’re here to help craft a personalized plan that honors your marriage and secures your shared future.
Ready to discuss how these tools can workfor you? Reach out today to schedule a confidential conversation—we’d be honored to guide you.
What’s one thing you most want to ensure for your spouse? Share in the comments below!
