Tuesday, May 06, 2014
Family Lore Clinic: Filing for divorce and my ex dies - can I still claim half of everything?
The first thing to say here is that you cannot proceed with the divorce. Accordingly, you cannot proceed with any claim for a financial settlement within the divorce proceedings.
You can, however, make a claim against your ex's estate, assuming that you will not receive reasonable financial provision from it anyway under their will or the law relating to instestacy. When dealing with such claims the court can make the same kind of orders as with divorce claims, and the factors that the court is required to take into account are similar.
If you find yourself in this position then you really should take specialist legal advice. Please note that there is a time limit upon making claims against an estate and you should therefore act promptly.