PathAfterEspañol

First Week As A Surviving Spouse

What if we were separated but not divorced?

Short answer

Legal separation without a final divorce decree means you are still legally married in California. You retain spousal inheritance rights, Social Security survivor benefit eligibility, and the right to make medical and funeral decisions. Being separated does not remove these rights. If…

What this usually means

Legal separation without a final divorce decree means you are still legally married in California. You retain spousal inheritance rights, Social Security survivor benefit eligibility, and the right to make medical and funeral decisions. Being separated does not remove these rights. If a divorce was filed but not final, consult a family law attorney — the situation is legally complex.

What to do next

Related questions