When a Parent Dies During a Divorce or Support Case in Maryland: Legal Steps & Impacts

The death of a parent during an ongoing divorce or child support case can be tragically devastating and legally complex. When the divorce has not yet been finalized, questions inevitably arise regarding custody and support obligations.

Understanding how Maryland law addresses these situations, and speaking with one of our Maryland divorce lawyers, can help you take informed next steps.

What happens if a parent dies during a divorce case?

If a parent dies during a divorce case, the divorce case ends. This is because there is no longer any marriage and, as such, there is no reason for these divorce proceedings to continue.

For example, if you are divorcing your spouse and they pass away before you are able to finalize the terms of your divorce, those proceedings will end right after their passing. You will not have to further clarify any divorce terms or outline any support arrangements, though estate-related issues may still need to be addressed separately.

The surviving parent is generally presumed to have custody unless found unfit or exceptional circumstances exist.

Temporary (pendente lite) orders generally terminate upon death, while final judgments or incorporated settlement agreements entered before death may remain enforceable. For example, if the other parent agreed to give you the marital home, this order will usually remain valid if it was part of a final judgment or incorporated settlement.

What happens to your spousal support if the paying parent dies during a divorce/support case?

In Maryland, alimony generally ends when either spouse dies, unless your written agreement or court order specifically states otherwise. For example, if you are receiving $1,000 a month in spousal support, this arrangement will end immediately. You will no longer receive this $1,000 monthly sum.

You may also be entitled to life insurance benefits if you are a named beneficiary or if a court order or agreement required life insurance to secure support.

What happens to your child support if the paying parent dies during a divorce/support case?

If the paying parent dies during a divorce or child support case, their obligation to make future child support payments generally ends at death. However, any unpaid child support that was already owed may still be recoverable. In many cases, those arrears can be asserted as a creditor’s claim against the deceased parent’s estate. Trust assets may be available only if the trust’s terms permit such claims. Absent a specific court order or agreement securing future payments, a deceased parent’s estate or trust is typically not required to continue child support going forward.

Consulting an experienced divorce lawyer who understands these issues can help you navigate the complex process of recovering any child support owed after the other parent’s death.

How can this impact you?

Spousal support

Many parents rely on spousal support to pay their rent, purchase groceries, and meet their other obligations. If they are unable to receive spousal support, doing those things can be very difficult. If there were a life insurance policy, and you are set to receive the funds from this policy, this can ease some of the burden.

On the other hand, if you aren’t named on the other parent’s life insurance policy, or there were no provisions established for this policy, you may not be entitled to any form of further spousal support.

Child support

Many parents rely on child support to feed and house their children, on top of addressing the other expenses associated with taking care of a child. If you lose access to the child support you and your children were depending on, you may not be able to give your child what they need.

For example, if you rely on child support to purchase groceries for your children, no longer receiving child support could mean that you are unable to purchase food for your children at all. Future child support payments generally stop when the paying parent dies.

Obtaining the child support you are owed, after the other parent has passed away, can be very challenging. An experienced Maryland divorce lawyer can help.

What legal steps should you take if the other parent passes away?

If the other parent passes away, you may want to take the following legal steps:

• Contact a divorce lawyer who can help you.
• Notify the Maryland Child Support Administration of the other parent’s death.
• Inform the other parent’s personal representative of any unpaid child support arrears you may be entitled to recover.
• File a child support claim against the other parent’s estate/trust, but note that claims against an estate must be filed within Maryland probate deadlines to preserve recovery rights.
• Confirm other resources that may be available to you, such as a life insurance policy.

Work with a Maryland divorce lawyer today

If your spouse passes away during the divorce process, you may lose the financial support they were providing you. There may be options available to help you obtain the support you need.

Contact us today. At McCabe Russell Divorce and Child Custody Lawyers, our Maryland divorce lawyers are ready to look at your case and help you obtain the best possible outcome.