Stop Estranged Spouses from Claiming Wrongful Death Benefits

Recent signers:
Kathryn Rabalais and 19 others have signed recently.

The Issue

My father was tragically killed by a reckless driver who ignored not just one, but two stop signs. His life was unjustly taken from us, leaving a void that can never be filled. Adding to the pain, we discovered that his estranged wife, who has been in a relationship with another man for the past eight years, was entitled to a portion of the wrongful death claim. This was a shocking realization that compounded our grief and highlighted a significant flaw in the system.

In Youngstown, OH, and across Ohio, current laws allow estranged spouses to benefit financially from wrongful death claims, even when they have been living separately or are involved in relationships with others. Section 2125.02(c)(2)(b)(III) of Ohio law states that evidence of a surviving spouse's remarriage may be presented, but this doesn't necessarily bar them from claiming the benefits. This loophole needs immediate attention and reform.

Wrongful death claims should prioritize those who were directly dependent on or closely connected to the deceased, such as children or current partners. Allowing an estranged spouse, who may not have had any meaningful connection to the deceased at the time of death, to benefit financially is not only unjust but also disrespects the memory of the departed.

Our families deserve laws that reflect fairness and justice. We propose that the state legislature should amend the existing laws to clearly prohibit estranged spouses from benefiting from wrongful death claims unless they were genuinely dependent on, or directly connected to, the deceased at the time of their passing.

Families already enduring the loss of a loved one should not have to face additional battles in court with individuals who may no longer have a valid connection to the deceased. By signing this petition, you support a change in Ohio's legislation that prioritizes fairness and justice for the families of those wrongfully taken from us. Please help us bring this issue to light and protect future families from enduring similar injustices. Sign the petition and help us make a change in honor of those we've lost. Thank you for your time and consideration. 

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Recent signers:
Kathryn Rabalais and 19 others have signed recently.

The Issue

My father was tragically killed by a reckless driver who ignored not just one, but two stop signs. His life was unjustly taken from us, leaving a void that can never be filled. Adding to the pain, we discovered that his estranged wife, who has been in a relationship with another man for the past eight years, was entitled to a portion of the wrongful death claim. This was a shocking realization that compounded our grief and highlighted a significant flaw in the system.

In Youngstown, OH, and across Ohio, current laws allow estranged spouses to benefit financially from wrongful death claims, even when they have been living separately or are involved in relationships with others. Section 2125.02(c)(2)(b)(III) of Ohio law states that evidence of a surviving spouse's remarriage may be presented, but this doesn't necessarily bar them from claiming the benefits. This loophole needs immediate attention and reform.

Wrongful death claims should prioritize those who were directly dependent on or closely connected to the deceased, such as children or current partners. Allowing an estranged spouse, who may not have had any meaningful connection to the deceased at the time of death, to benefit financially is not only unjust but also disrespects the memory of the departed.

Our families deserve laws that reflect fairness and justice. We propose that the state legislature should amend the existing laws to clearly prohibit estranged spouses from benefiting from wrongful death claims unless they were genuinely dependent on, or directly connected to, the deceased at the time of their passing.

Families already enduring the loss of a loved one should not have to face additional battles in court with individuals who may no longer have a valid connection to the deceased. By signing this petition, you support a change in Ohio's legislation that prioritizes fairness and justice for the families of those wrongfully taken from us. Please help us bring this issue to light and protect future families from enduring similar injustices. Sign the petition and help us make a change in honor of those we've lost. Thank you for your time and consideration. 

Support now

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The Decision Makers

Ohio House of Representatives
2 Members
Lauren McNally
Ohio House of Representatives - District 58
Tex Fischer
Ohio House of Representatives - District 59
Alessandro Cutrona
Ohio State Senate - District 33
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