Navigating the Aftermath of a Suicide Following (or During) Divorce
In a column published on 6/25 in Attorney at Law Magazine, Family Law Attorney Rebecca Palmer writes about the complex emotional, legal, and financial challenges that arise when a spouse or former spouse tragically takes their own life. Rebecca focuses on three main areas 1) legal ramifications, 2) the impact on children and inheritance, and 3) the effects of remarriage.
Statistics from the National Institute of Mental Health show that suicide is the second leading cause of death among individuals between the ages of 25 and 34, and the fourth leading cause of death among individuals between the ages of 35 and 44.
“If death occurs during divorce proceedings before a final decree, the divorce action usually terminates,” Palmer writes. “In such cases, property distribution falls under probate and intestacy laws, potentially reverting some assets to the surviving spouse unless a valid will or previous provisions, such as a family trust, specify otherwise.”
If the surviving spouse eventually elects to remarry, this affects spousal support from the decedent’s estate; however, child support obligations normally persist upon the death of the payor parent. Palmer says that the children’s ability to inherit assets from a deceased parent continues even if the surviving spouse does, in fact, get remarried.
“While grief may feel overwhelming, taking steps to protect your family, legally and emotionally, can offer a much-needed sense of control and peace,” Palmer writes.
Read the story in full; click here.