The Short Answer

Usually, no. In Pennsylvania, equitable distribution is a remedy tied to a pending divorce case, and a spouse’s death commonly changes the case from “divorce/property division” into an estate and survivorship-rights issue.

However, a spouse’s death during divorce proceedings can still have major consequences for what the surviving spouse can (or cannot) receive from the estate—so you should get legal advice quickly.

What Pennsylvania Law Says

Equitable distribution in Pennsylvania is generally available only “upon the request of either party in an action for divorce or annulment,” meaning it is designed to divide marital property between the parties as part of the divorce process—not as a stand-alone claim after one spouse has died.

The Statute

The primary law governing equitable distribution is 23 Pa.C.S. § 3502.

This statute establishes that the court may equitably divide marital property upon request of either party in a divorce or annulment action, using a list of statutory factors.

Separately, Pennsylvania probate law can treat certain spouse-related benefits and designations differently when a spouse dies during divorce proceedings. For example, Pennsylvania provides that certain revocable provisions benefiting a spouse can become ineffective if the decedent dies during divorce proceedings and specific conditions are met.

20 Pa.C.S. § 6111.1 addresses the effect of divorce (and, in some situations, a death during pending divorce proceedings) on certain revocable transfers benefiting a spouse.

Why You Should Speak with an Attorney

When a spouse dies mid-divorce, the “right” path often depends on how far the divorce had progressed and what property interests are involved (marital vs. nonmarital, beneficiary designations, jointly titled assets, retirement accounts, and estate claims). Legal outcomes often depend on:

• Strict legal triggers in pending-divorce death situations: Pennsylvania law can treat certain spouse-benefiting provisions as ineffective if death occurs during divorce proceedings under specific statutory conditions. See 20 Pa.C.S. § 6111.1.
• Burden of proof and documentation: Proving what is “marital property,” what was already resolved by agreement, and what was still contested can be evidence-heavy—especially once one spouse is deceased.
• Forum and remedy issues: What you can pursue may shift from divorce court remedies under 23 Pa.C.S. § 3502 to probate/estate remedies, which have different rules and timelines.

Trying to handle this without counsel can lead to missed rights, avoidable litigation with the estate, or an outcome that does not reflect what you would have received in equitable distribution.

If you want more background on how divorce intersects with estate rights, you may find these helpful: How Does Divorce Affect My Estate Plan in Pennsylvania? and Do I Still Have Inheritance Rights in Pennsylvania If We Separated but Never Divorced?.

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.