I’m Going Through Divorce and My Spouse just Died; What Do I Do?

After years, you finally decided to divorce.

That was a difficult decision. And going through divorce wasn’t much easier.

It never is.

Then, one day in the middle of your divorce, you get a call.

The person calling tells you your spouse died of a freak accident/drunk driving/drug overdose/heart attack/whatever.

You’re devastated. Your kids are devastated. You never wanted this person to die. You just wanted a divorce.

After the shock wears off, you are left with a question: what do I do now about the divorce?

The answer is actually pretty simple: in almost all situations, you don’t need to do much.

Since you’re still married, the death of your spouse does the same thing as death at any other point during your marriage.

In the vast majority of cases, this means:

  1. You will receive full custody of the children of the marriage.

If you and your spouse had kids or adopted kids together during the marriage, you receive full custody of those kids upon your spouse’s death.

(Note: this is different if your spouse had kids with someone else. Those step kids almost certainly will go to the other living parent.)

  1. You will receive all marital assets you shared with your spouse at the time of your spouse’s death.

If you had marital assets, you will get those assets automatically upon your spouse’s death.

This might not hold if you spouse had a will leaving certain assets to someone other than you. Also, if your spouse had elaborate trusts and other asset protection vehicles, those might complicate matters.

Additionally, you may receive your spouse’s non-marital assets if your spouse signed a will leaving those assets to you.

Lastly, make sure you receive any life insurance proceeds. People often forget about this.

To be safe, you should sit down with a wills and trusts attorney (also called a probate or estate planning attorney) to ensure you receive all the assets due to you upon your spouse’s death.

  1. You will be responsible for debts on which you were named a debtor before your spouse’s death.

Just because your spouse has passed doesn’t mean all the debts pass as well.

If you were a co-debtor on a debt (e.g., home mortgage, car loan, consolidated student loans), then you will very likely still be responsible for paying that debt.

Again, probably not a bad idea to sit down with a wills and trusts attorney to see what if any debts you are still responsible to pay.

Call Brown Family Law

If you find yourself facing a Utah divorce, please call 801.685.9999 for an in-person consultation, or use our online scheduling tool.

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Nathaniel Garrabrandt and Brown Family Law is where I send people who are seeking Divorce. Highly professional and compassionate. Thank you!
I cannot say enough good about my experience with Brown Family Law. Ray Hingson and paralegal Carren did an excellent job with my case. I will definitely use this firm again for any legal issues.
I have worked with Andrew Christensen many times in a variety of situations. I am very impressed with his friendly demeanor in a difficult situation. I would highly recommend him to you without any reservations.
Highly recommend Brown Family Law. Life is hard, divorce is harder, and Andrew Christensen is your guy to help you through to the other side.
When you’re going through a tough time and need legal help, this firm isn’t just a one-person operation. It’s a team of attorneys who work together to support you every step of the way. So you’re not just getting a lawyer, you’re getting a legal team behind you.

Navigating the legal system was a steep learning curve for me, and my situation was fairly complex. What stood out about this law firm was the way multiple attorneys collaborated to address my case. It wasn’t just one person working in isolation, but a team supporting each other to find the best path forward. That kind of collective effort is a real strength, especially in hard out complex situations like mine.

There was one issue I felt should have had a different outcome with the court. When I brought it up, the team responded in a very professional and respectful manner, which I truly appreciated. It came to my understanding that the legal system sometimes works in a way that is distant than I thought. This was presented to me in a way that someone outside of the legal system could understand.

In my experience, this firm takes the time to not only assist you, but also help you understand why things are happening. That made a big difference for me, and it’s something that really sets them apart.
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My experience with Jennifer and Brown Family Law was nothing short of amazing. From the very beginning of my initial consultation all the through until my case was settled, I was well taken care of and updated every step of the way. I felt like my team genuinely cared about the outcome of my case, which was refreshing. You get what you pay for, and Brown Family was worth every penny. To say I highly recommend this group is an understatement.
Response from the owner:Thank you very much, Steve. Glad Jennifer took good care of you.
Andrew Christensen was a great divorce lawyer. He is very experienced, professional, and was great to work with during this difficult process.
Response from the owner:Casey, thank you and so glad Andrew served you well.
Made my divorce quick and painless. 5 months ago I was feeling very overwhelmed. There was legal issues with protective orders, my ex wife had taken my kids to another country without my consent, I was in way over my head. After speaking with brown law they calmed my nerves took over my case. A few video calls and 5 months later my divorce is finalized with a fair outcome for everyone. It was easy and stress fee, it didn’t even feel like I was going through a divorce.
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Jennifer was excellent! She was always responsive and kept me updated on my case. while the billing was a little different from what I expected, her expertise was invaluable. I highly recommend her. And I appreciate everything she's done for me and may case.
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Going through the divorce process can be overwhelming, exhausting and emotionally draining.
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Leilani Whitmer and her paralegal Idania did not disappoint. Their professionalism and dedication to my case was outstanding and fair.
Leilani had just had surgery a few days before mediation and showed up on crutches and ready to go. That’s dedication!!!
I am highly recommending them to anyone looking to feel at ease during a difficult time.
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