Spouse or child death benifits

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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 3 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.


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