No matter how challenging or contentious an ongoing divorce case can be, most clients we work with would never wish harm—let alone the loss of life—on their spouse. Unfortunately, life is unpredictable, and tragedy can sometimes strike before the divorce process is finalized. When this happens, the emotional shock can naturally be compounded by confusion over what should happen next. After all, you had a legal team in your corner and were already negotiating on everything from child custody and support to property division and other marital matters. Now, your focus has shifted to grieving as you devise a way to break the news to your children.
First and foremost, Nelson Law Group is deeply sorry for your loss. While divorce is often necessary, your family’s future matters to us. A spouse passing away during a pending divorce changes everything—not just emotionally, but legally as well.
Our goal is to guide you through this unexpected life event.
What Happens When a Spouse Passes Away During a Divorce?
The divorce proceedings are automatically terminated and dismissed when a party in a divorce case passes away. The Court does not issue a final ruling regarding any issue related to the divorce, and any agreements or rulings on future child support payments, spousal maintenance payments, or visitation schedules immediately cease. Instead, your marriage will end due to death rather than a divorce, and the focus of any conversations with your attorney now shifts primarily to estate and probate law.
Here are a few key issues that will likely need to be discussed:
- How the deceased spouse’s assets will be distributed — Since the marriage ended due to death, the deceased spouse’s assets will be distributed according to their Will or, if they did not have a Will, state intestacy laws. Our team of family law attorneys is also highly skilled in estate planning and probate matters and can guide you on the next steps.
- Details on existing marital debts — Unfortunately, surviving spouses may still be responsible for certain debts. This is especially true regarding any co-signed or joint debt, such as mortgages, credit cards, installment loans, etc.
- Potential impact of changed beneficiary designations — You may still be awarded beneficiary funds from life insurance policies, financial accounts, and retirement funds, even if you were in the process of divorcing your spouse. That said, if they changed their beneficiary designations and perhaps even eliminated you from that list before their untimely passing, you may no longer benefit. If this happens, please make sure you tell your lawyer as you may have claims under the orders that were in place during the pendency of the divorce.
Beyond the list above, there will undoubtedly be many other nuances and key legal issues to navigate after your spouse’s passing. We empathize with your situation and want you to know we are here to help you move forward with confidence and clarity.
Call Nelson Law Group Today!!
Regardless of your legal matter, you need an advisor to guide you through each stage and help you deal with the fears that naturally come with that. We work diligently to achieve a result that ensures you receive what you are entitled to as you move forward—inside and outside the courtroom. The Nelson Law Group brings decades of experience to every mediation case.
Give our knowledgeable staff at Nelson Law Group, PC, a call if you have any further questions. Our staff is always available. Give us a call today! For more information about Brett A. Nelson, click here.
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