Death of spouse during divorce

What happens if one spouse dies during the one year separation period? What if a separation agreement has been drawn up. Will those ED components now be forced for the deceased spouse estate? Thanks

The marriage ends upon the death of one spouse before an absolute divorce is entered.

If equitable distribution was not finalized at the time of the death, then it would then be handled by the executor or administrator of the deceased spouse’s estate.

If equitable distribution was finalized at the time of the death, then the separation agreement is binding on the deceased spouse’s estate and heirs.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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