1,619. A Woman Who Returns Home Alone

Hilchos Ishus 18:24

Let’s say that a woman and her husband traveled abroad but only she returned, claiming that her husband had died. The woman has the option to receive her maintenance from her husband’s estate like any other widow or to collect the value of her kesubah, whichever she prefers. However, if she claims that her husband divorced her while they were abroad, her word is not accepted. She may, however, receive maintenance from his estate until the amount she has received equals the value of her kesubah. This is because if they're still married, she is entitled to be supported by her husband, while if he divorced her, she is entitled to receive her kesubah. Therefore, she can receive maintenance until it equals the value of her kesubah, after which she is through dealing with the court.

Hilchos Ishus 18:25

Let’s say that there’s a doubt as to whether or not a woman was divorced and her husband subsequently dies. In such a case, she is not entitled to receive maintenance from his estate because property can’t be taken from heirs based on dubious claims. During her husband's lifetime, however, she can receive maintenance until she is divorced in a sufficiently legal manner.