Common Law Separation?


My mother filed for separation from her 2nd husband but never filed for divorce due to her mate needing or wanting to stay covered by HER insurance from her career she retired from. She recently passed away and we just found out she or surviving spouse was entitled to a 50% salary benefit of approx. $22,000. This would of course revert to the estate if their were no surviving spouse. What should we do and is thier a time element involved with a legal seperation?


Unfortunately there is nothing that can be done. The benefit is the result of his legal status as her husband. She could have had him contract this right away prior to her death, but since she did not have him relinquish this right prior to her death he is legally entitled to the money as legally he is the surviving spouse.


So there is no time element involved with a legal separation? Doesn’t what they did constitute fraud by obtaining health insurance benefits from her employer? Got to be something I can bargain with.


Legally, they were still husband and wife…eventhough they lived apart for a number of years. I don’t think they broke any rules there or really defrauded anyone.


The legal status is what matters, the fact that they were living separate and apart does not make a difference in this situation. He did not commit a fraud as he was legally still married to her.