The Short Answer

In Pennsylvania, if you were legally married at the time your spouse died, separation alone usually does not eliminate spousal inheritance rights. However, your rights can be reduced or completely lost if a statutory forfeiture applies (for example, certain types of desertion, failure to support, or specific “pending divorce” circumstances).

What Pennsylvania Law Says

Pennsylvania generally treats a separated spouse as a “surviving spouse” for inheritance purposes unless a legal rule cuts off those rights. The most common cutoffs involve (1) conduct-based forfeiture (like willful desertion or refusal to support for at least a year before death) and (2) situations where the decedent dies during divorce proceedings after legally recognized grounds for divorce have been established. These rules can affect intestate inheritance, rights under a will, and related spousal benefits.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 2106.

This statute establishes that a spouse can forfeit any right or interest in the other spouse’s estate if, for at least one year before death, the spouse willfully neglected/refused the duty of support or willfully and maliciously deserted the other spouse, and it also bars spousal rights in certain “pending divorce” situations where the decedent dies during divorce proceedings and statutory grounds have been established.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: If divorce proceedings were pending, whether “grounds have been established” before death can be outcome-determinative and is often heavily fact-driven under Pennsylvania law.
• Burden of Proof: Forfeiture claims (like “willful and malicious desertion” or refusal to support for a year) typically turn on evidence—who left, why, what support was provided, and what the parties’ living arrangements and communications show.
• Exceptions: Even when spouses live apart, the reason for the separation (and whether it was justified) can matter, and different assets may be governed by different rules (probate vs. beneficiary designations vs. revocable instruments).

Trying to handle this alone can lead to avoidable disputes with the estate, missed rights, or an incorrect assumption that separation automatically ends inheritance rights (it usually does not).

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.