section below

Citation: section below
Parent Document: Donaldson v. State of Montana, 2012 MT 288 (2012)
Jurisdiction: Montana (state)
Effective Date: 2012-12-17
Original Source: https://www.courtlistener.com/opinion/889962/donaldson-v-state-of-montana/ ↗

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           See e.g. § 15-61-102(3), MCA (“ ‘Dependent’ means the spouse of the employee
or account holder . . . .”); § 19-6-505(2), MCA (“Upon the retired member’s death, the
retirement benefit must be paid to the member’s surviving spouse, if there is one.”);
§ 27-1-515, MCA (“The rights of personal relations forbid . . . the abduction or
enticement of a wife from the wife’s husband or a husband from the husband’s wife
. . . .”); § 39-71-116(4), MCA (“ ‘Beneficiary’ means . . . a surviving spouse living with
or legally entitled to be supported by the deceased at the time of injury . . . .”);
§ 40-2-102, MCA (“Insofar as each is able, the husband and wife shall support each other
out of their property and labor.”); § 40-2-108, MCA (“A married person may be a
personal representative, guardian, conservator, or trustee and may personally be bound
and may bind the estate the person represents without any act or assent on the part of the
person’s spouse.”); § 50-9-106(2), MCA (“The authority to consent or to withhold
consent under subsection (1) may be exercised by the following individuals, in order of
priority: (a) the spouse of the individual . . . .”); § 72-2-412, MCA (“A decedent’s
surviving spouse is entitled to a homestead allowance of $20,000.”).
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unmarried couples, who by definition are not capable of receiving spousal benefits.” The

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