Legal Question in Family Law in Indiana

Does Spoisal desertion have anything to do with spousal benefits?

My boyfriend's father died 12/20/03. He and his wife have not lived together for many years. Is she still entitled to all the benefits, insurance and Social Security anyway? How can I find out if they ever legally separated.


Asked on 2/22/04, 7:31 pm

1 Answer from Attorneys

Mary Ann Wunder Wunder & Wunder

Re: Does Spoisal desertion have anything to do with spousal benefits?

If their marriage was not dissolved, then the surviving spouse automatically inherits all joint property; would be entitled to the widow's allowance of the social security payment and most likely be the beneficiary of any pension rights. She would also be entitled to a certain portion of the individual property owned by the decedent based on whether they had children together or not and how many children there are total. You can best check for a separation or divorce by checking the county records in the county where they last resided together and each county each has resided in since then.

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Answered on 2/23/04, 2:30 pm


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