Death of spouse before absolute divorce


#1

Dear gayle459:

Greetings. Has a claim for equitable distribution been filed through the court system? How did his or your attorney file a QDRO without a distribution of pension/retirement rights to the other party?

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

The court has ruled for equitable distribution of pension, injunctive relief and lawyer is in process of preparing QDRO to send to pension plan. My spouse has a risk taking lifestyle - hence the question about death/inheritance if something should happen to him before an absolute divorce and division of other assets.
Thanks


#3

Dear gayle459:

Greetings. The equitable distribution claim now survives the death of either party and therefore his family may be able to follow through on the equitable distribution action and still divide everything. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

What are inheritance laws if spouse dies before absolute divorce and equitable distribution of property? No separation agreement in place but lawyer has filed QDRO.