Quick answer

If the couple was still legally married when he died, Nebraska law treats the surviving spouse as a spouse for estate claims. An estranged spouse whose divorce was not final can generally assert spousal rights in probate and under beneficiary designations. Whether the estranged spouse actually receives assets depends on the estate plan, beneficiary forms, and any agreements or court orders in place.

Detailed answer — how Nebraska law treats a pending divorce at the time of death

Under Nebraska law, the key point is legal status at the moment of death. If divorce was not final, the parties remain legally married. That status gives the surviving spouse several potential routes to claim property and support from the decedent’s estate:

• Intestate succession and probate rights. If the decedent died without a valid will, the surviving spouse is a primary heir under Nebraska’s probate rules and may inherit all or part of the estate depending on whether there are surviving children or other relatives. The probate system treats the surviving spouse like any other spouse for intestacy purposes.
• Statutory allowances and exempt property. Nebraska law provides a surviving spouse with certain protections in probate, such as an allowance for support during administration (a family allowance), exempt personal property, and possibly rights to the homestead. Those rights exist whether the marriage was happy or estranged so long as the marriage had not been dissolved.
• Beneficiary designations and non-probate assets. Assets that pass outside probate (life insurance, retirement accounts, payable-on-death accounts, some joint tenancy property) typically follow designated beneficiaries or contract law. If the decedent named the spouse as beneficiary and did not change that designation before death, those assets will generally pass to the spouse regardless of a pending divorce.
• Wills and revocation by divorce. Many states revoke will provisions for a former spouse when divorce becomes final. While a final divorce may automatically cancel gifts to an ex-spouse, a divorce that is not final does not yet trigger that revocation. That means a will leaving property to the estranged spouse can remain effective if the divorce is not completed.
• Separation agreements, temporary orders, and settlement agreements. If the parties signed a legally enforceable separation agreement or there were final property orders issued before death, those documents can control property rights. A mere filing for divorce or informal separation usually does not strip a spouse of statutory probate rights.
• Complexities and disputes. Estates with pending divorces often lead to disputes: other heirs may argue that the spouse waived rights, or creditors and administrators may raise competing claims. Courts will resolve such disputes by applying statute, contract, and evidence about the parties’ intent.

Relevant Nebraska law (where to look)

For the statutory rules that apply to probate, intestate succession, and allowances to a surviving spouse, consult Nebraska’s Probate Code (Chapter 30). For rules on marriage, divorce, and dissolution, consult the statutes governing dissolution of marriage (Chapter 42). These are available on the Nebraska Legislature website:

• Nebraska Revised Statutes, Chapter 30 — Probate Code
• Nebraska Revised Statutes, Chapter 42 — Dissolution of Marriage

Short hypothetical examples

Example 1 — No will, divorce not final: John and Mary are separated and John filed for divorce but died before the final decree. John left no will. Because they were still legally married, Mary is the surviving spouse and may inherit under Nebraska intestacy rules and claim statutory allowances.

Example 2 — Will names spouse as beneficiary, divorce not final: Anna is named in Tom’s will as the sole beneficiary. Tom dies before the divorce is final. Unless the will itself shows a contrary intent or a valid contract or court order says otherwise, Anna can take under the will.

Example 3 — Beneficiary forms: Paul named his wife as beneficiary on his retirement plan but later filed for divorce and separated. He never changed the beneficiary. If Paul dies before divorce is final, the plan typically pays the named beneficiary — his wife — notwithstanding their separation.

Practical steps if you are involved

1. Confirm marital status at time of death. Obtain the death certificate and, if relevant, the divorce file or docket to confirm whether a final decree existed.
2. Locate estate planning documents and beneficiary forms. Check for a will, trust documents, life insurance policies, retirement accounts, and POD/TOD designations.
3. Talk to the probate court or an attorney. A probate attorney can explain the spouse’s likely share, procedural steps to file claims, and defenses others might raise.
4. Preserve evidence of agreements. If there was a signed separation or property settlement agreement, gather it. A valid agreement may control distribution of assets.
5. Act quickly. Probate deadlines and creditor claim periods can be short. A surviving spouse or other interested party should act promptly to protect rights.

Helpful hints

• Do not assume separation equals loss of legal rights. Only a final divorce decree (or certain binding agreements/orders) changes the legal status.
• Beneficiary designations usually control nonprobate assets. Review and update beneficiaries when marital status changes.
• Find written agreements. A signed property settlement or prenuptial agreement can significantly alter what a spouse may claim.
• Check for temporary court orders. Temporary orders in a pending divorce can direct who has access to assets during the proceedings and sometimes affect post-death outcomes.
• If you are the executor or administrator, notify the surviving spouse and follow Nebraska probate filing rules to avoid later challenges.
• When in doubt, consult a Nebraska probate attorney promptly; local rules and facts can change the outcome.

Closing note and disclaimer

This information explains general Nebraska probate and family-law principles that commonly apply when a divorce is not final at death. It is educational only and not legal advice. For advice tailored to specific facts, consult a licensed Nebraska attorney who practices probate and family law.