Death before divorce


#1

There is a possibility that either of the parties involved in my mother’s case could die before this divorce is ever finalized. In the event of death of either party, what is the recourse? My mother does not want to die married to her husband, but that may be likely. What would happen to any monies?

Also, please clarify. Isn’t the date of separation all important for establishing the amount of funds each party receives? My mother and her husband were enjoined not to dispose of ANY assets or investment accounts without written consent of opposing council. Since that time, her husband has liquidated and spent most of the joint assets. There is no written documentation with approval to my knowledge. Now, 2 years, both parties are suffering from ill health. Either could die before the divorce is finalized. What are the options of the surviving heirs???


#2

The estate has the right to pursue the ED claims. If they have been separated for over a year you can initiate the process for the absolute divorce now.
I suggest your mother file a motion to hold her husband in contempt of the court order enjoining him from depleting the martial estate.