How Divorce Impacts A Wrongful Death Claim

When a wrongful death occurs, the legal process can already feel emotionally and logistically overwhelming. When divorce is part of the picture, whether between the decedent and their spouse, or among surviving family members, it can introduce additional questions about who has the right to file a claim and how any compensation should be divided. In these cases, state laws and the specific details of family relationships both play a significant role.

Eligibility To File May Shift After Divorce

One of the first considerations is who is legally allowed to bring a wrongful death lawsuit. In most states, immediate family members such as spouses, children, and parents are given legal standing. However, if the deceased was divorced at the time of death, their ex-spouse may no longer have the right to file, even if they once would have.

When minor children are involved, the surviving parent, divorced or not, may still have the ability to file on the child’s behalf. That said, courts may scrutinize whether the surviving parent is acting in the best interest of the child, especially if there’s a history of custody disputes or unresolved issues from the divorce.

Disputes Over Who Controls The Claim

It’s not uncommon for disputes to arise between surviving family members. According to a divorce lawyer, a divorced spouse may feel entitled to pursue damages if they were receiving spousal support, or if the death disrupted a custody arrangement. Meanwhile, adult children or parents of the deceased may also want to file a claim, particularly if they had a strong relationship with the person who passed away.

When more than one eligible party exists, the law often dictates whether they must file jointly or if one person can proceed individually. Wrongful death attorneys can attest to how critical it is to clarify legal standing early in the process to avoid delays or court challenges.

Allocation Of Damages Can Become Complicated

If a wrongful death lawsuit results in compensation, courts must decide how that amount should be divided. In a situation where the deceased was divorced but had children, courts may allocate the award based on factors like financial dependence, emotional loss, and the quality of the relationship. A former spouse who was financially dependent at the time of death may receive a portion, especially if there was an ongoing support order.

Parental Rights And Custody Impacts

When divorced parents lose a child due to someone else’s negligence, they may have equal standing to file a wrongful death claim. However, tension from the prior divorce can create conflict over who should take legal action or how to divide the compensation. In some cases, each parent may be entitled to a share of the award, but this often requires court involvement to decide fairness and financial need.

Divorce can alter the path of a wrongful death case, from determining who can file to how damages are shared. These cases often require careful coordination and a clear understanding of state law. Our friends at Kantrowitz, Goldhamer & Graifman, P.C. discuss how addressing these issues early can help avoid legal conflict during an already painful time.

If your family is facing these circumstances, speak with a qualified legal professional to determine your legal rights and explore your best path forward in honoring your loved one.