Is there any difference legally between a spouse who is “estranged”, as in not living together with their spouse and a spouse who is not, for purposes of whatever the law deals withh spousal status.
[This was inspired but is not about the story of Lamar Odom who collapsed and was near death. At that point, his estranged spouse rushed to his bedside. Now this estranged spouse is a Kardashian, so naturally the first thought is that this was an opportunity to get herself in the news in a symphathetic role. But then I got to thinking that the guy seemed about to die at the time. If he died, his spouse would presumably inherit all his assets. So it may have really been an attempt to reinsert herself into the role of loving spouse, at zero cost to herself (since she wouldn’t have to actually live with the guy) followed soon thereafter by a big payoff, without looking too bad in the process. It now appears that the guy is going to live after all, and she has since announced that no she does not intend to reconcile with him …]
A spouse is a spouse, for inheritance purposes. If there is a formal separation agreement, it could alter things, (but usually doesn’t). There is no reason Mr. Odom couldn’t have altered his will, however, after separating from his wife, to cut her out. Whatever her status was the day before his trip to the brothel would be the same after she rushed to his bedside “to reinsert herself into the role of loving spouse.”
IIRC in California, a formal separation impacts things related to community property like debts and assets. I don’t know if it affects things like next-of-kin or ability to make medical decisions, etc.
Exactly, AFAIK IANAL-
You can move out on your spouse. Nobody cares, legally.
Get a formal separation from the court, this sets certain things in motion - the joke goes, if you win the lottery after this, the spouse (probably) does not get half.
get a divorce, it’s all over.
So what does a separation do? Does this mean, for example, your inheritance rights from the spouse are gone (absent a will), or does that happen at divorce? I assume hospitals don’t make a distinction with separated vs. not you’re still family with right to visit; what are the implications for (joint filing) income tax in USA? Liability for debts?
IIRC, separation agreement sets initial terms for things like custody of children? (or proves there’s disagreement?)
the old bit about “I will no longer be responsible for my spouse’s debts”? Does this matter any more? Does it require a legal separation?
A spouse moving out and not getting a divorce or legal separation is legally meaningless. In Pennsylvania, if a spouse dies and there are no children (or only one, in fact), the survivor must inherit at least half the spouse’s property. I suppose a prenup could counter that. If there are two or more children, the spouse gets at least a third. This is the case whether the spouse dies intestate or with a will. I assume this is true for all common-law states.
Incidentally, even a Kardashian might not want to see her estranged spouse die.
In Maryland, a spouse moving out and staying out for a year is legal grounds for divorce. In fact it’s the grounds that most divorcing couples use. You have to get somebody to swear for you that you’ve not lived together for a year. As I remember there’s no legal change required to start the year.
People sometimes say this another way. They’ll say you break up and there’s a one year waiting period to make the divorce final. Logically I think they amount to the same thing. You’re using a law that says if you’ve not lived together for a year you can just divorce.
This seems a bit cynical, though the involvement of a Kardashian does perhaps explain the cynicism.
But, with normal people, it’s entirely possible that A might not wish to continue living with B as husband and wife, but might still care about B enough to support them emotionally and/or practically when they are ill, or otherwise in need of support. The explanation doesn’t have to be either a quest for celebrity or a quest for money.
I knew of a fellow who worked for our company. Moved out on his wife, never divorced her, lived with another woman for 10 years. He died of a heart attack and the next week the kids were coming to try and haul away the boat claiming it was theirs now. The pension and the house went to the spouse, as he’d never made provisions otherwise. I don’t know if he meant that, or if he was (like many who won’t make wills) unwilling to take the final step or contemplate “what happens if I died?”.
The only good thing was that CPP (Canada Pension Plan) goes to the person living with the deceased, whether married or not, whether there’s a previous spouse in the picture or not…
Same in Florida. If you don’t divorce, the ex gets your stuff when you snuff it (even if you formally disinherit her in your will, though she only gets a third).