Lahey v. Bianchi

The question presented in this proceeding is whether a spouse who obtained a judgment of legal separation qualifies as a surviving spouse for purposes of intestate succession. We agree with the trial court that the decedent’s widow here does not qualify as a surviving spouse. We affirm the judgment.

Factual and Procedural History

Frances Lahey and decedent Clarence G. Lahey were married in 1984; they separated in March 1995. In April 1995 Frances, acting in propria persona, petitioned for legal separation. She alleged that there were no known community debts or assets. She requested termination of the court’s jurisdiction to award spousal support to Clarence, and she gave up her own right to receive spousal support. Clarence’s default was eventually entered, and in July 1995 a judgment for legal separation was filed, declaring as follows: “There are no children or items of community property subject to the disposition by this Court. Spousal support for Respondent is terminated by default. The Court’s jurisdiction to award spousal support to either party is terminated.”

In December 1996 Clarence died intestate survived by Frances and by his daughter from a prior…