[WSBAPT] RCW 11.12.051 & Legal Separation

[Tara]

Are the revocation provisions of RCW 11.12.051 effective for a Decree of
Legal Separation?

 

I have a prospective client coming in whose "former" spouse has died.  They
had a decree of legal separation entered and it was never converted to a
dissolution.  I haven't seen the actual decree yet to confirm what exact
language is included, e.g. whether "The marriage of the parties is
dissolved" or "The marriage of the parties is invalid" boxes were checked.
If one of those boxes does turn out to be checked, then I think she would be
treated as pre-deceased, even if the title of the pleading is decree of
legal separation.

 

My understanding is that if the decree of legal separation provides just
that "The petitioner and respondent are legally separated" then the marriage
itself isn't "dissolved, invalidated, or terminated" and the provisions of a
prior will, including the gifts and nomination to serve as PR, would still
stand.

 

None of the cases on RCW 11.12.051, which are sparse, draw a distinction for
the decree of legal separation.  The language of the statute seems pretty
clear that the marriage must be "dissolved, invalidated, or terminated" and
refer only to the decree of dissolution or declaration of invalidity.  I
think I'm stumbling over whether separated falls under the umbrella of a
"terminated" marriage?  I'm thinking that it does not and that this is one
of the differences between the various decrees.

 

Am I parsing out the distinctions correctly?

 

Tara M. Roberts

Puget Sound Law

roberts at pugetsoundlaw.com

 

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