Rights and entitlements when long-separated husband is terminally ill

[Ronnizoom]

Need advice on terminally ill ex-husband.

A friend has been separated for 10 years. Two daughters (19 and 15) - both had a lot of issues, the youngest has just been diagnosed autistic and is on an education plan till 24.

They haven't divorced as he wanted to wait her out (till both kids are 18) because he didn't want to do a full financial disclosure (he has hidden his money and always resented her not working when she was looking after the kids).

He has just been diagnosed with terminal cancer (6 months to 6 years).

He lives with a girlfriend and her kids.

I've advised her not to get divorced as she may be able to claim widows' benefits.

He has a decent amount stashed away in pensions, etc., and has said both daughters would be taken care of and would be able to buy a flat. He has said he doesn't have a will but will sort it.

However, my friend has been screwed financially, and has been the parent who has done all the hard work in parenting. And will be the parent to guide their daughter through life (weddings, etc.).

Has anyone been in this situation? What are her rights and what is she entitled to?
TIA

It may or may not be relevant to your question but why hasn’t your friend initiated a divorce up to now? It’s not just down to her ex.

Well legally they are married.

However he can write a will leaving his money to pretty much anyone he chooses - cats home or similar.

do they still own property jointly?

She might be able to challenge a will if it leaves her out, even estranged spouses can do this, but it would depend on all sorts of factors. And if he leaves everything to their children, she’d be challenging to take away from them, which might be difficult emotionally.

You don't have to leave anything to your spouse in your will unless those things are jointly owned. She could contest his will. I find it hard to believe she'd win though, given it's not illegal to cut out your actual spousal partner, and it doesn't sound like they've been anything other than legal partners for a long time.

It depends where she lives.

She should get legal advice - i don't think he can deprive her of things she would have been entitled to in a divorce (like pension shares or her share of marital assets) but she should be staking her claim now, before he dies.

The importance of getting divorced

Looks like a potential big mess

She should get the widows pensions and if its an intestacy whatever the intestacy rules state

Of course his current partner could then kick off but I dont know what she might get if she does

This. Unfortunately they can my friend was separated from her husband when he got diagnosed with terminal cancer. He left everything well over £2 million in a trust operated by his parents for the boys. She is struggling to pay the mortgage etc and the trust isn’t paying - she has to go cap in hand for the boys and uniform etc it has been an awful situation - I’d ask for a fast track divorce and fast track it

She didn't have the emotional energy for it.

I think she will have more leverage if she doesn't divorce him, and I also know she won't do it, she would feel too bad. Thank you.

No. Property is all sorted. But he is definitely hiding pension money from her.

She should have contested the will

I think she will have more leverage if she doesn't divorce him, and I also know she won't do it, she would feel too bad. Thank you
She would feel bad but has more to gain not doing it....

Ultimately, he still has time to fill for divorce himself so it might all be irrelevant.