Villacampa

Appellant filed an action for wrongful death against respondents Thomas Russell and R. Flatland, Inc., for the death of her former husband. The trial court determined as a matter of law that under Code of Civil Procedure section 377, appellant has no standing to bring a wrongful death action, and therefore there is no triable issue of fact. Appellant appeals the trial court’s order granting summary judgment. We affirm.

Appellant and decedent were married in 1948 and had six children. Appellant has not been employed outside the home since 1968. In 1979 appellant filed a petition for dissolution of marriage, and an interlocutory judgment of dissolution was entered on February 20, 1980, which provided, inter alia, that decedent was ordered to pay appellant spousal support of $375 per month, to continue until decedent’s death or remarriage, and that appellant receive one-half of decedent’s pension fund. A final judgment of dissolution was entered on July 22, 1981.

On June 16, 1983, decedent was hit and killed by a truck driven by respondent Russell and owned by respondent R. Flatland, Inc. At the time of decedent’s death, appellant was receiving $430 per month as her share…