How is a spouse’s elective share calculated after long separation? | NC

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Q: How is a spouse’s elective share calculated when the couple stayed married but lived separately for a long time? A: Usually, the share is based on how long the marriage legally lasted — not on whether the spouses lived together. If they were still legally married at death, and there was no valid waiver or other disqualifying rule, the court generally uses the marriage length to pick the…