Spousal Abandonment and the Elective Share

In Purce v. Patterson, 654 S.E.2d 885 (Va. 2008), the court analyzed a state law which disqualifies a surviving spouse from taking the elective share or by intestacy if he or she “willfully deserts or abandons” the other spouse and such desertion or abandonment continues until death.

The court stated that the relevant period for determining abandonment extends to the time of the deceased spouse’s death and that even though the couple agrees to separate, conduct after the separation can amount to abandonment within the meaning of the disqualification statute.