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Surviving Spouse
A surviving spouse is the husband or wife who outlives their partner after death. This term applies to both widows and widowers and is commonly used in legal contexts such as inheritance, estate administration, probate, and taxation.
Legally, a surviving spouse often gains certain rights that others, including children or other relatives, may not have. These rights typically relate to the deceased spouse’s property, pension, or benefits. For example, a surviving spouse may be entitled to inherit property or receive a pension from the deceased spouse.
In some legal frameworks, the surviving spouse must have been married to the deceased for a minimum period before death to qualify for certain benefits. For instance, under U.S. law, a surviving spouse may need to have been married to the deceased for at least nine months immediately preceding the death, unless the death was accidental or the surviving spouse was previously married to the deceased for a sufficient aggregate time.
Additionally, in U.S. tax law, a "surviving spouse" can also refer to an unmarried taxpayer whose spouse has died within the last two taxable years and who maintains a home for one or more dependents of the deceased spouse.
In summary:
| Aspect | Explanation |
|---|---|
| Definition | A spouse who outlives their partner (widow or widower) |
| Legal significance | Gains rights to deceased spouse’s property, pension, and benefits |
| Marriage duration rule | Often must have been married for a minimum period before death (e.g., 9 months in U.S. law) |
| Taxation context | Can refer to an unmarried taxpayer maintaining a home for dependents after spouse’s death |
This concept ensures that the surviving spouse is recognized legally and protected in matters related to the deceased spouse’s estate and benefits.