Short answer — plain language

Under Louisiana law, a person who is still legally married at the moment of death remains a spouse for inheritance and community-property purposes. If the divorce was not finally adjudicated before the decedent died, the estranged spouse usually retains the rights of a surviving spouse. Those rights can include a share of community property, a portion of the estate under intestate succession, and potential claims to certain benefits. Whether the estranged spouse actually receives assets depends on several factors: whether the decedent left a valid will, the nature of the property (community vs. separate), beneficiary designations on life insurance or retirement accounts, and any agreements such as a separation agreement or antenuptial contract.

Detailed answer — how Louisiana law treats a marriage that ends only when a divorce judgment is final

1. Legal status at death: marriage continues until final judgment

In Louisiana, a marriage remains legally effective until a court issues a final judgment of divorce. That means if a spouse dies while divorce proceedings are pending but not yet final, the surviving spouse is still legally the spouse. As a result, the surviving spouse generally retains the legal rights and status of a spouse for succession and property-law purposes.

2. If the decedent died without a will (intestate succession)

If there is no will, Louisiana’s succession (probate) rules determine who inherits. A surviving spouse who is still legally married when the other spouse dies may be entitled to some or all of the estate depending on who the decedent’s other heirs are (children, parents, etc.) and whether those children are also children of the surviving spouse.

How this plays out in practice:

• If the decedent has no descendants or ascendants, the surviving spouse typically inherits the entire estate.
• If the decedent leaves descendants, the surviving spouse’s share depends on whether those descendants are also descendants of the surviving spouse (e.g., children of both spouses) or are descendants of the decedent from a different relationship. The surviving spouse’s intestate share may be limited if there are descendants who are not also descendants of the surviving spouse.

These rules are part of the Louisiana Civil Code’s succession provisions. For the exact statutory language and article-by-article rules, see the Louisiana Legislature’s law search: https://legis.la.gov/Legis/LawSearch.aspx (search for “succession” or “intestate succession”).

3. Community property and the surviving spouse

Louisiana is a community-property state. Property acquired during the marriage is generally community property and belongs to both spouses. When one spouse dies before a divorce is final, the surviving spouse typically retains his or her one-half interest in community property. The deceased spouse’s one-half interest then passes through succession.

So, for example, if the couple’s house is community property, the surviving spouse already owns one-half by operation of community-property law; the deceased spouse’s half will be distributed under the succession rules (by will or intestacy).

4. If the decedent left a will

A valid will can direct who receives the decedent’s share of the property, but the surviving spouse’s rights are still shaped by other rules (for example, rights to community property and any claims the spouse can assert). If the will attempts to disinherit a forced heir (a minor child or certain descendants), Louisiana has forced-heirship protections that may override parts of a will. The surviving spouse cannot be removed as a spouse simply by writing a will; marriage status at death controls spouse rights.

5. Assets with beneficiary designations (life insurance, retirement plans, payable-on-death accounts)

Assets that have designated beneficiaries generally pass according to the beneficiary designation, not by the will or intestacy. Many plans and policies list the spouse as an automatic beneficiary or require spousal consent to change benefits. If an estranged spouse remains the named beneficiary and the marriage is still in effect at death, the beneficiary designation often controls and the estranged spouse can receive those proceeds. Check plan documents and policy forms; some retirement plans and pension laws require spousal consent to name someone else.

6. Government and insurance survivor benefits

Public benefits such as Social Security survivor benefits and veterans’ benefits generally require that the claimant be legally married at the time of death. A pending but unfinished divorce typically does not prevent a surviving spouse from claiming those benefits.

7. Can the estranged spouse be cut out if you were separated or had filed for divorce?

Separation or a pending divorce does not automatically prevent spouse inheritance. Only a final divorce judgment or a valid annulment (or a properly executed contract such as an antenuptial agreement that affects property rights) will change the legal status. Parties can and should take legal steps while alive—updating wills and beneficiary designations, negotiating separation agreements, or obtaining temporary orders in divorce—to protect interests. But until the court issues a final dissolution of marriage, the law treats the parties as married for succession and community-property purposes.

8. Common disputes and how they are resolved

Typical disputes include competing claims by an estranged spouse and the decedent’s children or a new partner. Courts resolve those disputes by applying succession rules, community-property principles, beneficiary-document terms, and any binding contracts or court orders in effect at death. Evidence of intent, dates of separation, and whether assets were converted to separate property can all matter.

9. Hypothetical example

Hypothetical: John and Mary separated and Mary filed for divorce, but the court had not entered a final judgment when John died. They had no antenuptial contract. The family home was purchased during the marriage and is community property. John left a will leaving his estate to his brother. Under Louisiana law:

• Mary still owns one-half of the community property (the family home) by operation of community-property law.
• John’s one-half of community property (and any separate property he owned) passes according to his will—but depending on the presence of descendants, the will may be subject to forced-heirship limits if applicable.
• If Mary was named as beneficiary of John’s life insurance, she likely receives that benefit unless another valid beneficiary designation or plan rule says otherwise.

Practical steps to protect rights or challenge a claim

1. Confirm whether a final divorce judgment exists. Obtain certified court records from the clerk where the divorce was filed.
2. Locate the decedent’s will, if any, and any antenuptial agreements or separation agreements.
3. Check beneficiary designations on life insurance, retirement plans, and bank accounts.
4. Inventory assets and classify them as community or separate property—this affects what passes to the surviving spouse versus by succession.
5. If you are the estranged spouse and you want to assert rights: preserve documents showing marriage, separation, and any financial contributions; file claims in the succession proceeding if necessary.
6. If you are an heir who believes a spouse should not receive property because a divorce was effectively final or because of fraud, contact an attorney promptly—statutes of limitation and procedural rules apply to succession challenges.

For statutory language and specifics, consult the Louisiana Legislature’s law resources: https://legis.la.gov/Legis/LawSearch.aspx (search terms: “marriage,” “divorce,” “succession,” “community property”).

When to get a lawyer

Talk to a Louisiana attorney who focuses on succession (probate) and family law if you face any of these situations:

• The decedent died while divorce was pending and parties dispute inheritance or property rights.
• There are beneficiary-designation conflicts (insurance, retirement accounts).
• You suspect the will is invalid, or you need to assert a forced-heirship claim.
• Complex property classification issues (community vs. separate) or large estates are involved.

Helpful Hints

• Being separated does not end legal marriage. Only a final divorce judgment does.
• Check beneficiary forms first—those often control distribution of insurance and retirement benefits.
• In Louisiana, community-property rules strongly affect who owns what at death. Understand which assets are community property.
• Act quickly. Probate timelines and prescription periods can limit your ability to assert claims.
• Get certified copies of court orders, the death certificate, wills, and beneficiary forms early—these documents drive decisions in succession proceedings.
• Even if you are estranged from a spouse, do not assume they will be excluded automatically; take legal steps while you can if you want to change your estate plan or beneficiary designations.