When navigating a divorce in Mid-Michigan, including areas like Lansing, East Lansing, Mason, St. Johns, or Charlotte, it’s important to understand what changes can alter your case or, in the case of death, terminate it.
Death Terminates Divorce Proceedings
Under Michigan law, if a spouse dies before a Judgment of Divorce is entered, the marriage is legally considered to have ended by death. That means the divorce case is dismissed, and the surviving spouse is considered a widow rather than a divorcee. The deceased spouse’s assets are distributed according to a valid will or Michigan’s intestate succession laws.
How Assets Are Divided After a Spouse Dies Mid-Divorce
Because the marriage did not legally end in divorce, property division is no longer governed by Michigan’s equitable distribution rules. Instead, the deceased spouse’s estate is handled through probate.
1. If There Is a Valid Will
If the deceased spouse had a will that includes the surviving spouse, that person may inherit some or all of the estate, even if they were in the process of divorcing. Michigan courts will enforce the will unless there is clear evidence that the decedent intended to remove their spouse and failed to update the document before death.
2. If There Is No Will (Intestate Succession)
If the deceased spouse died intestate (without a will), Michigan’s intestate succession laws apply. In general:
- If there are no children, the surviving spouse inherits the entire estate.
- If there are children, the surviving spouse is entitled to the first $150,000 (adjusted annually for inflation) plus half of the remaining estate.
- The balance is distributed to the children.
Elective Share: A Spouse’s Right to Claim Against the Will
Even if the deceased spouse did try to disinherit the surviving spouse, Michigan law protects them through the elective share statute. This law allows the surviving spouse to choose between:
- What they were left in the will, or
- A statutory share of the estate (usually one-half of what they would have received if there were no will).
This is especially important in cases where the will was never updated or reflects outdated wishes.
Mid-Michigan Estate Planning Tip: Update Your Will During Divorce
If you are contemplating or currently involved in a divorce in Mid-Michigan, it is crucial to update your estate planning documents as early as possible. Under Michigan law, a spouse is still considered your legal beneficiary until the divorce is finalized.
Working with an estate planning attorney during divorce can help ensure that your will, trusts, power of attorney, and other important documents reflect your current wishes—and that your estate will not pass by default to a soon-to-be ex-spouse.
Legal Help in Mid-Michigan: Family and Probate Attorneys You Can Trust
If you’re facing the sudden death of a spouse during a pending divorce, or if you’re preparing to file for divorce and need to update your estate plan, our experienced attorneys can help. At The Kronzek Firm, we serve clients throughout Mid-Michigan, including Ingham, Eaton, Clinton, Ionia, and Shiawassee counties.
We understand the legal complexity and emotional stress that come with these cases. Whether you’re handling probate administration, enforcing a will, or determining your rights as a surviving spouse, we’re here to advocate for your interests every step of the way.
📞 Our attorneys have helped thousands of Michigan clients since the last century. You can reach our Lansing office 24/7 at (517) 886-1000.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]