Most practicing family law attorneys believe that if a spouse dies during a divorce action, that the case is “over.”  As a very prominent sportscaster would say “Not so fast.”, According to the  2005 amendments to the Divorce Code, there is a provision that allows for equitable distribution under the Divorce Code as opposed to a spouse’s elective share under the Pennsylvania Estates Code. Although the amendment did not provide for entry of a posthumous divorce decree, Title 23 Pa.C.S.

§ 3323(d.1) was added and amended and it directed that, if the grounds for divorce were established, then the parties economic rights were to be determined under equitable distribution principles rather than the elective share provision set out in the Probate Code . It is important that an individual retain an experienced divorce attorney, because under most circumstances, it will be in one party’s best interest to resolve the divorce matter per the terms of the marital settlement agreement.  In fact, an elective share or one-third of the total estate, may not always be as good  than the settlement agreement.  This is important aspect to look at before walking away from the table because one party to a divorce action has passed on. Feel free to contact the experienced family law attorneys at Giribaldi & Manaras, P.C. to discuss any family law issue.