23 Jul 16

Is a divorce settlement enforceable if a spouse dies?

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If your spouse dies, and you are legally divorced – then you are not entitled to any additional assets, above and beyond what was promised to you in the divorce proceedings. If the spouse dies, after a divorce settlement, his or her estate will be distributed according to your state’s laws. The estate is typically divided between the spouse and kids. In this case, since you aren’t his/her spouse – the estate will be divided between the children.

How to enforce it

Typically, the way to enforce a divorce settlement, is to hire an attorney who can reach out to the estate of your spouse – in order to get the funds from the settlement you were entitled to. Assuming the funds exist, in the estate, you can get them as a result of your divorce settlement. Just because your spouse died, doesn’t mean you aren’t entitled to anything. You can still get what you are owed – it’ll just be from his/her estate. At the end of the day, it might take a bit longer to get it – but you’ll get it.



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