What happens to spousal support if the husband dies in Pennsylvania?

Full question:

if a husband and wife are separted and the man is paying court ordered spousal support already if he dies what is his wife alloted from his estate question pertains to PA. LAW

• Category: Wills and Estates
• Subcategory: Intestacy
• Date: 04/07/2025
• State: Pennsylvania

Answer:

The outcome depends on whether the husband had a will. If he died without a will, he is considered to have died 'intestate.' In Pennsylvania, if the couple was still legally married at the time of his death, the wife may inherit from his estate according to the state's intestacy laws.

Under Pennsylvania law (20 Pa.C.S.A. § 2102), the share for a surviving spouse is as follows:

• If there are no surviving children or parents, the spouse inherits the entire estate.
• If there are no children but at least one parent survives, the spouse receives the first $30,000 plus half of the remaining estate.
• If all children are also children of the surviving spouse, the spouse receives the first $30,000 plus half of the remaining estate.
• If there are children not shared with the surviving spouse, the spouse receives half of the estate.

In cases of partial intestacy, any property the surviving spouse receives from a will will count towards the $30,000 allowance mentioned above.

If there is no surviving spouse, the estate will be distributed to other relatives in a specific order as outlined in Pennsylvania law (20 Pa.C.S.A. § 2103).