Can an estranged spouse still claim from an estate if the divorce wasn’t finalized?

Short answer: Yes — under Utah law an estranged spouse who remains legally married when the decedent dies generally keeps the legal rights of a surviving spouse. That means they can inherit through intestacy, be a named beneficiary, or make a spousal elective share claim unless a statute, contract, or valid estate planning document says otherwise.

Detailed answer — how this works under Utah law

This is a general, plain‑language explanation for readers with no legal background. It is not legal advice.

1. Marital status at death controls

Utah treats the person’s marital status at the moment of death as controlling for most probate and inheritance issues. If the couple never completed a divorce and the decedent died while still legally married, the estranged spouse normally is still the legal spouse for purposes of inheritance.

2. Common ways a surviving spouse can claim from an estate

• Intestate succession: If the decedent died without a valid will, the surviving spouse inherits according to Utah’s intestacy rules. The exact share depends on who else survived the decedent (children, parents, descendants from another relationship, etc.).
• Will beneficiary: If a will names the estranged spouse, that gift remains valid unless the will is later revoked or a controlling statute provides otherwise. Whether a separation agreement or court order affects that gift depends on the documents and state law.
• Beneficiary designations and contracts: Life insurance, retirement plans, payable‑on‑death (POD) accounts and transfer‑on‑death (TOD) assets usually pass to the named beneficiary regardless of the will. If the estranged spouse is still listed as beneficiary, the spouse typically receives those proceeds unless the contract or plan rules otherwise.
• Joint ownership and survivorship property: Assets held as joint tenants with right of survivorship or community property with right of survivorship (not typical in Utah) typically pass automatically to the surviving joint owner without probate.
• Spousal elective share or allowances: Many states allow a surviving spouse to claim an elective share or statutory allowance even if the will tries to disinherit them. A spouse who is still legally married may be entitled to this protection in Utah; the exact remedy and amount depend on the statute and facts.

3. Effect of a pending but not final divorce

A pending divorce that hasn’t been finalized does not terminate the marriage. Courts will generally regard the parties as married until the final decree issues. That means the estranged spouse usually retains survivor rights unless the parties took specific legal steps (for example, the decedent changed beneficiary designations or executed a new will) that effectively remove the spouse from inheritance.

4. When an estranged spouse might NOT inherit

• If the decedent executed a valid will that disinherits the spouse and the spouse does not have an elective‑share claim under statute.
• If beneficiary designations (life insurance, retirement accounts) name a different person, those contracts often control.
• If parties had a legal separation agreement or court order that specifically altered property rights and the order is enforceable, that could limit inheritance rights.

5. Practical steps an executor or interested person should take

1. Confirm the decedent’s marital status on the death certificate and review any pending divorce pleadings or orders.
2. Locate a will and any codicils, beneficiary designations, joint‑ownership documents, deeds, insurance policies, retirement plan documents, and prenuptial/postnuptial agreements.
3. Determine whether probate is required and who is the appointed personal representative. Utah Courts provide basic probate guidance for small and formal estates: https://www.utcourts.gov/howto/probate/.
4. If you suspect a spouse will contest the estate or make an elective‑share claim, consult a probate attorney promptly to protect deadlines and estate assets.

Relevant Utah resources and statutes

Utah’s probate and estate laws are in the Utah Code (probate and wills are primarily covered under Title 75). For statutory text and official language, see the Utah Legislature website and the Utah Courts probate information:

• Utah Code – Title 75 (Probate): https://le.utah.gov/xcode/Title75/75.html
• Utah Courts — probate how‑to and forms: https://www.utcourts.gov/howto/probate/

Hypothetical examples

Example 1 — No will, divorce not final: John and Mary separated two years ago. They did not finish their divorce. John dies without a will. Mary is still his legal spouse at death and can inherit under Utah’s intestacy rules.

Example 2 — Will disinheriting spouse but divorce not final: John wrote a will leaving everything to his sibling and did not update his beneficiaries on his retirement account (Mary is still the named beneficiary). Even though the will tries to disinherit Mary, the retirement account likely passes to Mary as beneficiary. Also, Mary may have a statutory spousal right to claim an elective share.

Helpful Hints

• Do not assume separation equals divorce. If no final decree exists, the person remains a legal spouse.
• Check beneficiary designations first — they often control over wills.
• Gather all estate documents quickly; probate deadlines and notice requirements can be short.
• If you are an executor, notify the spouse and follow Utah’s probate notice rules to avoid later challenges.
• If you are the estranged spouse and believe you have been disinherited unfairly, ask about elective share rights immediately — deadlines apply.
• When in doubt, consult a Utah probate attorney early. Small factual differences (e.g., a signed separation agreement, a prenuptial agreement, or beneficiary forms) change outcomes.