Spouse or child death benifits
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Spouse or child death benifits
My spouse passed away and he
was married but separated to
another person and I have a
child with him who will get the
death benifits
Asked on November 11, 2017 under Estate Planning, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If you were not married to him at the time he passed away, you will not get any spousal death benefits. It is likely his new spouse will, since separated does not terminate the marriage the way divorce does; but whether or not the person he married gets the benefits, you, as someone not married to him, will not get them.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.