If my deceased husband committed bigamy,can hissecond “wife” get all of the benefits?
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If my deceased husband committed bigamy,can hissecond “wife” get all of the benefits?
My deceased husband of 19 years divorced me without my consent. He remarried and now his second spouse is getting all pension and death benefits. What can I do?
Asked on September 22, 2010 under Family Law, Maryland
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
What do you mean "without my consent?" Without proper notice meaning that you were not properly served or you think it was fraudulently obtained? Then you may want to seek to have the divorce set aside, which could be a very difficult thing to do. But if the divorce is legal then it was not bigamy. I would strongly suggest that you seek help from an attorney in your area as to this matter immediately. You need to ask for a temporary injunction on the distribution of the pension and other death benefits (life insurance policies, etc.). It may be a good idea to at least write a letter putting them on notice of the potential issue and your claim. Time is of the essence. Good luck.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The question is whether or not the divorce was legal and effective. If it was, regardless of your consent--foften, one party to a divorce does not agree with or consent to it--then you are no longer marreid; the second spouse was married to him; and the second spouse will inherit and be eligible for pension and death benefits as his spouse. If the divorce was not legal and effective, however, then you were still the spouse at the time of his death and can get those things; the second "spouse" was never married to him. If you believe that the divorce may not have been legal or effective or have any questions about it at all, you should consult with a family or matrimonial law attorney right away. Good lucki.
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