Divorce Interrupted: What Happens If You Die Before It’s Final?
If a spouse dies before a California divorce is finalized, the case ends—impacting inheritance, estate rights, and spousal support. Legal planning is vital. Photo: © deagreez – stock.adobe.com
If a person dies before their California divorce is finalized, the case is usually dismissed under Family Code Section 2337. Without a final judgment, the court halts proceedings, and the surviving spouse is no longer considered legally separated. This can drastically affect inheritance and estate distribution, as the law generally reverts to treating the couple as still married in the eyes of the court.
Without a final divorce, assets typically pass to the surviving spouse—unless a valid will, trust, or prenuptial agreement says otherwise. If no estate plan exists, California’s intestate succession laws apply. To avoid unintended consequences, it’s essential to work with both a divorce and estate planning attorney while the divorce is still pending.
Spousal support typically ends upon death unless a court order has already been issued. For registered domestic partners, the case also ends if one partner dies. Larger or more complex estates may require probate to settle property matters. Since every case is different, legal advice from both a family law and estate planning attorney is key to protecting your rights.
About Arlene: Engaged for decades in the Northern California legal community, Arlene D. Kock is a past member of the Alameda County Bar Association (ACBA) Board of Directors. She served on their Attorney Referral Panel for many years and was the past chair of their Ethics and Civility Committee. In her capacity on that committee, Arlene was instrumental in assisting the team in preparing and creating the ACBA statement of professionalism and civility, a policy that is expected to be adhered to today by the court and litigants. She is currently a member of the ACBA and the Contra Costa County Bar Association.
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