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What Happens if Death Occurs with Respect to Either Party During the Course of a Dissolution of Marriage Proceeding?
If either of the parties dies prior to a Judgment of Dissolution of Marriage being entered in regard to a pending dissolution of marriage proceeding in Illinois, then the party that died being married to the spouse and the divorce did not occur before the death of the party. That means that the survivor would be considered a surviving spouse for purposes of intestacy not to mention any surviving spouse or widow's award, or the right to contest a will within six (6) months from the date of death or the right for the surviving spouse to take his or her elective share with said election to be made within seven (7) months from the date of death of the predeceasing spouse.
In dividing property, the Illinois court considers all relevant factors including the contribution of each party to the value of the property, particularly the contribution of a spouse as a homemaker, the value of the property distributed to each spouse, the length of the marriage, the financial situation of each spouse when the property is divided, (such as the need to give the family home to the spouse who has custody of the children), any obligations and rights arising from a prior marriage of either party, the age, health, station, occupation, income, vocational skills, employability, estate, liabilities, and needs of each of the parties, the custody of any children, and the reasonable opportunity of each spouse for future acquisition of capital assets and income.
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