The opposing party of your case has passed away, but what happens to your equitable distribution (ED) claim after the death of a party? Unlike most other family law claims, equitable distribution claims survive the death of a spouse.
A surviving spouse or the estate of the deceased spouse can still pursue equitable distribution pending at the time of death or filed after death if:
- Done so within the required time frame;
- ED will be blocked if the spouse dies prior to the granting of an absolute divorce, but while there is still an ED claim pending.
- ED will not be blocked if the spouse dies after a divorce is granted while an ED claim is pending.
- The parties were living separate and apart at the time of death.
- ED claim is ended if the parties have resumed marital relations.
For more information about your equitable distribution claim after an opposing party’s death, contact Rech Law, P.C. to schedule a consultation today!