Death during divorce is an unfortunate event that can occur without any warnings. Besides emotional trauma, it complicates this complex process, leading to financial and legal problems. Thus, you must seek advice from a divorce attorney near me who can explain all the complexities. To help you better understand this topic, we have come up with a guide featuring what happens when a spouse dies during the divorce. So, here we go!
Table of Contents
Here is an overview of what happens if a spouse dies during divorce
1. Divorce not finalized
If any one partner dies before the divorce process is finalized, the entire matter gets complicated. In certain jurisdictions, the divorce case is closed because of the death of one party. This means other legal proceedings will resolve issues like child custody, property issues, and spousal support.
2. Impact on property divisions
In case of divorce, the property is equally classified into two parts for both partners. If one spouse dies during the divorce procedure, State laws pertaining to intestate succession may allow the surviving spouse to inherit the deceased spouse’s portion. However, the provisions of any prenuptial agreement or court decree may apply.
3. Spousal support
Another major concern if one of the two people in a marriage heading towards divorce dies is alimony or spousal support. The eligibility of the surviving spouse may be affected if the paying spouse passes away. Similarly, the paying spouse’s duty to provide spousal support may end if the receiving spouse passes away.
4. Child custody and support
If the divorcing couple are parents, the death of one parent can largely impact the child custody. In such a condition, the surviving parent gets the custody of their child. However, the family members of the dead spouse have complete rights to visit and meet the child. Additionally, custody depends on the financial situation of the surviving parent.
5. Legal proceedings
If there are disagreements about the child’s custody and assistance, the death of one spouse can lead to several complexities. In such a situation, a court intervenes and resolves the issue. You should hire a divorce lawyer for a smooth process.
Wrapping Up
The death of the spouse during the divorce process is complicated and significantly impacts the overall legal process. Therefore, you need a lawyer to handle your case.