What Happens If Your Spouse Dies During Divorce?

Posted March 21st, 2016 by .

Categories: Family Law.

dying before divorce is over anthony carboneYou and your spouse have decided to get divorced. However, your spouse, who has been having medical problems, unexpectedly dies while the divorce is still pending. How does this affect you? And what happens with your property?

You would think a dead spouse means the divorce is cancelled. But it may be more complex than that. For instance, if you haven’t agreed to any property division in writing yet, then all property will be passed to you according to the deceased’s will or through intestate succession laws if your spouse didn’t have a will at the time of his/her death. However, you may have to a file claim on the property, especially if that property was supposed to go to someone else according to his/her will.

The same goes for the deceased’s assets such as retirement accounts and life insurance policies. Again, if your spouse had switched the beneficiary to someone other than you because of the impending divorce, you may have to file a claim which could be a difficult road ahead.

But what if property division has been agreed upon and signed? Then it will likely be enforced against your spouse’s estate.

Then there is the question of spousal support. If you had signed something saying you were entitled to alimony, you may not receive that money, unless it can be taken out of the life insurance policy.

If you are considering going through a divorce, make sure you have a good lawyer by your side. Contact the Law Offices of Anthony Carbone today for a free consultation.


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