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What Happens If One Spouse Dies During The Divorce?

In 2005, Pennsylvania passed a law allowing one party to continue on with the divorce process, even if the other spouse died during the proceeding, as long as grounds for divorce were established before the decedent's demise. The parties' economic rights will be determined under equitable distribution rather than the Probate Code if grounds for divorce have been established. Likewise, if grounds for divorce are not established at the time of death, the surviving spouse resorts to rights granted by the Probate Code, Retirement Equity Act, and the rights of joint owners to the deceased spouse's estate.

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