Dear Perplexedex:
It sounds like you’re in a very frustrating and confusing state of being right now. Hopefully things will turn for the better shortly. With regard to your question, since you are separate, his “estate” could file for equitable distribution within 1 year of his death. You would still be entitled to your share of the “marital estate”, i.e. 50% of the property, of his retirement acquired during your marriage, etc. Life insurance and death benefits would go to the appropriate named beneficiary.
Ketan P. Soni
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.