Spouses in Separation Lose Entitlements
Prior to 2022, spouses that were in separation, but not divorced, were still entitled to benefit from an estates' property and financial assets if they were named as a beneficiary, or if the spouse died intestate. This is no longer the case.
The new laws state that beginning in 2022, a separated spouse is not automatically considered to be one of the estate's beneficiaries. Spouses separated for three years or more before a death that occurred after December 31, 2021, or that have a formal separation agreement are treated the same as a divorced couple. This means that the surviving spouse is not entitled to any benefits of the estate, or to act as an appointed trustee. In the case of a spouse dying intestate, the surviving spouse is not entitled to any assets of the estate if they were separated at the time of death.
The beneficiary agreement for registered plans or life insurance policies is not affected under the new probate laws.