A spouse dying during divorce is an uncommon occurrence, but can happen. Divorce is a complex and emotionally challenging process, but becomes even more confusing when one spouse passes away before finalizing the divorce. In Oklahoma, the death of a spouse during divorce proceedings introduces unique legal challenges that impact property division, child custody, and other matters. Here’s what you need to know if your spouse dies during your divorce.
The Divorce Automatically Terminates
Under Oklahoma law, a divorce proceeding cannot continue if one spouse dies before the court issues a final divorce decree. The court dismisses the case, as the death ends the legal marriage, eliminating the need for a divorce. Instead of resolving issues through divorce court, any further matters will go through probate. Probate is the legal process of administering the deceased spouse’s estate, which includes distributing property and assets, resolving outstanding debts, and addressing any claims made by heirs or beneficiaries.
Property Division Through Probate
If the divorce was not finalized, the court does not apply divorce laws to divide marital property. Instead:
- If the Deceased Left a Will
The will governs the distribution of assets. However, surviving spouses have the right to claim a statutory share of the estate, even if excluded from the will. - If There Is No Will (Intestacy)
Oklahoma’s intestacy laws apply, which generally provide that the surviving spouse inherits a portion (or all) of the deceased’s estate, depending on whether there are children or other heirs.
Custody and Support Issues
If the divorcing couple has minor children, the death of one parent directly affects custody and support. The surviving parent typically assumes sole custody unless a third party, such as a grandparent, petitions for custody and proves it is in the child’s best interests. The deceased parent’s estate may be required to fulfill child support obligations, which are handled during probate. The surviving parent can file a claim against the estate for future child support.
If the deceased spouse was ordered to pay temporary spousal support during the divorce, those payments terminate upon their death. However, the surviving spouse may file a claim in probate court if there is unpaid support at the time of death.
Retirement Accounts and Life Insurance
The death of a spouse can affect the distribution of assets like retirement accounts and life insurance policies. If the deceased spouse fails to update beneficiary designations to reflect the divorce, the surviving spouse might still retain entitlement to the benefits unless a court or settlement agreement specifically removes their rights. The surviving spouse can assert claims to any marital portion of retirement accounts during probate.
Tulsa County Family Law Attorneys
A spouse dying during divorce proceedings shifts the focus from family court to probate court. While the divorce terminates automatically, you still have to resolve important legal and financial issues through the probate process. Understanding your rights and responsibilities is crucial to ensuring a fair outcome.
If your spouse dies during the divorce process, our team at Tulsa County Lawyers Group will guide you through your next steps. If you need help, contact us today by calling (918) 379-4864 or reach us online for a consultation.
