When going through a divorce, you encounter a breadth of challenges ranging from child support and alimony to the division of property. However, the one thing you may not have anticipated is the death of your spouse during your pending divorce. This unexpected event used to lead to the proceedings becoming even more convoluted. Fortunately, New Jersey has introduced a new law to answer the question of what happens when a spouse dies during divorce. Let’s look into this new law and how it works.
About the New NJ Law
Effective as of January 8, 2024, a significant amendment was made to New Jersey’s equitable distribution and estates statutes, addressing the scenario where a spouse passes away during divorce proceedings. This amendment aims to provide clarity and guidance in situations where the death of a spouse could potentially complicate the distribution of assets and debts.
The amendment ensures that the family court retains jurisdiction to distribute assets and debts in divorce cases where one spouse dies after the filing of a complaint for divorce or dissolution of a civil union, but before a final judgment is rendered. This clarification is crucial in resolving potential conflicts between family law and estate law, allowing for a smoother and fairer resolution of marital disputes in such circumstances.
What are Intestate and Elective Shares?
To understand the implications of the new law, it’s essential to grasp the concepts of intestate and elective shares in estate law.
Intestate Shares
When an individual passes away without leaving a valid will, they are said to have died intestate. In such cases, state laws dictate how the deceased’s assets are distributed among their heirs. In the context of marital relationships, if a spouse dies intestate, their surviving spouse is typically entitled to a portion of the estate known as the intestate share. The specific amount or percentage of the intestate share can vary depending on factors such as the jurisdiction’s laws, the value of the estate, and the presence of other close relatives, such as children or parents.
Elective Shares
Even if a deceased spouse attempted to disinherit their surviving spouse in their will, many jurisdictions provide legal protections to ensure that the surviving spouse receives a fair share of the estate. This protection is known as the elective share. Essentially, the elective share allows the surviving spouse to claim a predetermined portion of the deceased spouse’s estate, regardless of the contents of the will. The purpose of the elective share is to prevent a surviving spouse from being completely disinherited and to safeguard their financial well-being.
What Happens When a Spouse Dies During a Pending Divorce in New Jersey?
Before the enactment of the new law, the death of a spouse during divorce proceedings in New Jersey often resulted in uncertainty and disparate outcomes for the surviving spouse. If a spouse passed away before a final judgment was issued, the divorce case typically came to an abrupt halt, potentially leaving the surviving spouse without any claim to the marital assets.
Two significant cases, Carr v. Carr and Acosta-Santana v. Santana, exemplify the varying outcomes that could occur in such situations:
Carr vs. Carr
The Carr vs. Carr case of 1990 was notable, as it involved a spouse dying during divorce proceedings. The New Jersey Supreme Court ruled that the surviving spouse could only claim marital assets through the establishment of a constructive trust. This ruling was based on the premise that the death of the other spouse terminated the divorce case, leaving the surviving spouse with limited options to assert their claims to the marital estate.
Acosta-Santana vs. Santana
In 2018, the Acosta-Santana vs. Santana case presented a different outcome. Here, the surviving spouse became the beneficiary of various marital assets, including the marital home and joint accounts, despite the absence of a final judgment in the divorce case. This resulted in the surviving spouse receiving a substantial portion of the assets, showcasing the potential disparity in outcomes under the previous legal framework.
The enactment of the new law aims to address these inconsistencies and provide a more consistent and equitable resolution in cases where a spouse dies during divorce proceedings. By clarifying the authority of the family court to distribute assets and debts, the law ensures that surviving spouses are not left in limbo and receive a fair share of the marital estate, regardless of the timing of their spouse’s passing.
Contact a Divorce Attorney in New Jersey Today
No one wants to enter into a divorce proceeding and have their ex pass away unexpectedly, but there is always a chance of such an event occurring. The implementation of the new law in New Jersey represents a significant step forward in addressing the complex issues surrounding the death of a spouse during divorce proceedings. By balancing the rights of surviving spouses with the principles of equitable distribution, the law offers a more predictable and just outcome for families navigating this challenging situation.
For those who are considering divorce, it is important to have the aid of a legal representative to assist with such matters. Ziegler Law Group, LLC, is here to help guide you through this difficult time and ensure your rights are protected. Get in touch with us today by calling 973-533-1100 or by filling out the contact form and schedule your free consultation.
