New Jersey Family Law BlogWhen A Spouse Dies Before the Divorce Is Final
Marriage is a binding legal contract, terminated only by death, divorce or legal annulment. As such, the contract entitles spouses to certain rights regarding such issues as property distribution, real estate protections, spousal support, and inheritances. What happens, though, if a couple files for divorce but one spouse dies before the process is completed?
While some states in this situation will dismiss the divorce case and consider the marriage ended by death, New Jersey takes a different approach. In New Jersey, the Family Court retains its jurisdiction and continues to preside over the distribution of the couple’s assets under the State’s equitable distribution laws. The estate or representative of the deceased spouse may step in and continue pursuing the distribution of the couple’s assets through family court.
This situation also has an impact on certain rights of the surviving spouse. For instance, the surviving spouse loses his or her rights to automatic inheritance usually granted to the survivor if the deceased spouse died without a will. Also, the surviving spouse is prohibited from claiming their statutory elective share of their deceased spouse’s estate. Furthermore, the surviving spouse acting as executor or administrator of their spouse’s estate will most likely be contested due to a conflict of interest.