Brad Micklin

Remember, killing your spouse will not help you divorce
The New Jersey Supreme Court decided on January 6, 2010 in Kay v Kay , cite unavailable, that, if one spouse dies during a divorce, the decedent’s estate could continue suing the surviving spouse for dissipation of marital assets in their divorce case so long as the claim of dissipation of marital assets was raised prior to the spouse’s death.

The Court is seeking to promote a policy that ensures that marital property belonging to the decedent spouse would be preserved by the estate for the decedent’s heirs.

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