Death of one of the parties is obviously one way of ending a marriage. But, what if the couple were involved in divorce proceedings? Does the case just stop there? The answer might surprise you.
During the divorce process, there may be a number of items under consideration. Often, marital assets and equitable distribution are key issues. However, when someone dies, estate law comes into play. How do the two work together?
Case Examines Death of a Spouse during Divorce Proceedings
Earlier this year, the New Jersey Appellate Division considered a case that involved the death of a spouse who died during divorce proceedings. In the unpublished opinion of O’Hara v. O’Hara, the court determined that the case must be brought to its conclusion. (It should be noted that unpublished judicial opinions are not considered precedential law.)
Here’s the circumstances of the O’Hara matter. The O’Haras were married in 1955, but separated for a number of years. Mr. O’Hara financially supported his wife during their separation. It does not appear that there was any dispute concerning the amount Mr. O’Hara provided to his spouse. The couple had two children, one who predeceased them both. The remaining son was estranged from his father.
Mrs. O’Hara filed the complaint for divorce. Mr. O’Hara suspected that the couple’s son was behind his mother’s decision to seek a divorce. There was also a question of Mrs. O’Hara’s failing mental health. Ultimately, the court appointed a guardian ad litem to act on her behalf.
Assets was a very important issue in this particular matter, as Mr. O’Hara was worth approximately six million dollars. (This amount was disputed by Mrs. O’Hara’s representatives.) Mr. O’Hara died before the divorce proceedings were completed. His Last Will and Testament left Mrs. O’Hara with no right to his property. Instead, a trust was created to ensure that Mrs. O’Hara would continue to receive support and care. The son was excluded from the Will entirely.
It was unclear if the trust would afford Mrs. O’Hara the same amount she might have received under equitable distribution. This was especially notable since Mr. O’Hara’s assets were questioned. Also, the trust would require Mrs. O’Hara to wait to receive her money. If she was allocated her share in the divorce, she would presumably claim assets much quicker.
The court ruled that the divorce proceedings needed to continue in order to determine Mr. O’Hara’s assets and appropriate property distribution. Since she had initiated the divorce, she had expressly indicated her desire to divorce. The divorce would be a means of determining Mrs. O’Hara’s fair share.
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