What You Need to Know About What Happens If a Spouse Dies During a California Divorce
A spouse’s death during a California divorce terminates the court’s jurisdiction to continue with the divorce. Here is what you need to know about what happens if a spouse dies during a California divorce.
After filing for divorce and before a California court offers a final judgment, the divorce is still considered ongoing. If a spouse passes away during this time period, the California court must dismiss the case. Thus, the surviving spouse is now considered a widower and is entitled to the deceased spouse’s estate if no prenuptial agreement, will, or trust is in place. If a prenuptial agreement, will, or trust is in place, however, the estate will be distributed according to those provisions.
Aspects of a Divorce Affected by the Death of a Spouse
Unless the divorce has been finalized by the court, the divorce process is terminated if one of the spouses passes away. This is true even if some terms of the divorce have already been established. Aspects of a divorce that are affected by the death of a spouse include:
Allocation of property
Since California is a community property state, if a spouse dies during a divorce, the surviving spouse will assume ownership of all property, even property that the deceased spouse owned separately.
Related: Community Property Laws in California
Marital Debts
The surviving spouse becomes responsible for all marital debt when a spouse passes away during a divorce.
Child Custody
The surviving spouse assumes sole physical and legal custody of children. Grandparents do have the right to petition for visitation rights as well as child custody if they believe that their grandchildren are not safe in the absence of the deceased spouse or in the presence of the surviving spouse.
Related: Sole Legal and Physical Custody in California
Child Support
The surviving spouse will likely assume all of the deceased spouse’s assets and retirement funds, and may be entitled to death benefits and life insurance payouts. This will probably make up for any child support that the surviving parent would have obtained during the divorce if the spouse would have survived.
FAQs About What Happens If a Spouse Dies During a California Divorce
Are you automatically divorced if your spouse dies?
As above-mentioned, California courts will not grant a divorce after a spouse passes away. This is because it takes two spouses to be present to decide the terms of a divorce. The spouse is now considered a widower and may be entitled to all marital assets.
Can I get remarried in California if my spouse dies during a California divorce?
Since a surviving spouse is considered a widow if their spouse dies during a California divorce, they can get remarried in California. They do not need to complete divorce proceedings with their deceased spouse in order to get remarried.
If a spouse dies during a California divorce, is a spouse still liable for their deceased spouse’s debt?
California is a community property state. The community property is liable for the debt that was obtained by either spouse during marriage. This means that after the death of a spouse during a California divorce, the surviving spouse still may be liable for the deceased spouse’s debts.
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