Am I legally seperated?

UPDATED: Oct 1, 2022

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Am I legally seperated?

I was in an auto accident recently. The insurance company says that because I was legally married at the time of the accident my spouse is required to sign papers in order for me to recieve settlement money from

accident. My wife and I have been living in different states for the past 2 years and it makes no sense that she needs to be involved in this at all. I have been a resident of SC for the last 2 years while she has died in ME and now PA. It would be wholly inconvenient for me to travel just for a signature from her. Am I legally separated and, if so, how would I document this?

Asked on September 28, 2017 under Insurance Law, South Carolina


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Generally a legal separation is a written document signed by all parties pursuant to the laws in your state.  Your wife may indeed have to sign a waiver here if you have never filed for separation or divorce in a Court of law. You don't have to travel to see her.  It can all be done through the mail.  But I would hire a lawyer to do it for you. And talk about separate property and marital property while you are there and stopping the clock on both.  Good luck. 

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