18/06/2026
What happens to your divorce settlement if your ex-partner dies?
It's not something most people think about. But if financial matters haven't been resolved when your ex-spouse dies, you may still have rights under the Inheritance (Provision for Family and Dependants) Act 1975.
A recent court case involving Kars v Brown shows that getting a decree absolute doesn't end your financial claims. Those claims stay open until a court makes a final financial order.
If you're going through divorce and things are still being sorted out, understanding your position is important. There are strict time limits to bring a claim - usually within six months of probate being granted.
If you're concerned about your situation, early legal advice is worth getting.
Read the full blog by Jodie Walmsley: https://coodes.co.uk/2026/06/what-happens-if-your-former-spouse-dies-before-a-financial-settlement-is-reached/