Death During Divorce

Dealing with divorce proceedings is hard enough, can you imagine if your former spouse dies? Tragically, this happens but can be dealt with. Just know the death will change how the separation agreement moves forward. Grant Lee Law will help.

                               According to www.ontario.ca/separation-divorce-and-estates/:

                               In Ontario, if the deceased was divorced or separated after the Will is made,

                               then the Will is read as if the separated/divorced spouse died before the testator:

                               Any appointment of the former spouse is voided: and all gifts to the former spouse

                               are voided.

This sounds very confusing, so a call to your Family Law professionals, like those at Grant Lee Law, would help you navigate your role in the untimely death. Basically, always make sure you have a valid Will and it’s up-to-date. Most Separation Agreements state that Will should be a part of the Agreement to take of children should a death take place.

There are different situations that could happen:

·        The death occurred before the divorce is final

·        The couple were not legally married and so didn’t have a formal Separation Agreement

·        The deceased was named in another Will and that person passed away

·        The divorce is final, but the ex lived in the matrimonial home upon their death

·        Who receives the CPP Survivor’s Benefits and any credits that were earned by the deceased

·        What about Child Support going forward

·        What about any monies owed, such a Child Support, proceeds of a home sale

All of these issues could arise and could be difficult to resolve if there’s no Will. A death that occurs after a divorce could have issues that need to be looked at legally.

Don’t forget to grieve. You have lost someone that was an important part of your life. There are a few things you may want to do to help you along with the grieving process. Just because you are in the process of getting a divorce, it doesn’t mean you don’t have feelings to deal with. Don’t let others tell you how to grieve. You may be grieving the loss of your partner for a second time. The first time was the separation decision and the second is the death. If you have children together, you will have to help them. This might be a good time to enlist the help of a mental professional. Don’t be a hero. If possible, attend the funeral and take the time to remember the time to remember the time you shared. Be respectful to others that are also grieving.

Your thoughts may turn to your own situation, whether it’s financial or the parenting of the children by yourself. Don’t be afraid, there is help to get you through this time. Lean on your family and friends, they may not totally understand your position but they will hold you and your kids up. Even if it’s for babysitting to give you a break or shared cup of coffee. It’s important to look after yourself during this time.

The team at Grant Lee Law will use their years of experience and understanding to help you.

Contact their office by completing their online form or call 905-315-6837.