Because a divorce action terminates upon death, property protection shifts from family law statutes to probate and inheritance laws. Here are key ways to protect assets during this transition:
The phrase "Posthumous Divorce – Non-Existent" refers to the legal reality that in most jurisdictions, including , a divorce cannot be granted after one spouse has died . If a spouse passes away while proceedings are still pending, the divorce case typically "dies" with them, and the surviving spouse is legally treated as a widow or widower rather than a divorcee. Protecting Property During Divorce Proceedings
A guide to protecting non-matrimonial assets in divorce - Lexology