Detailed Answer

Short answer: Yes. Under Connecticut law, if a spouse dies before the divorce is finalized, the surviving spouse is still legally a spouse and retains the rights of a surviving spouse against the decedent’s estate unless those rights were validly waived or terminated by court order, contract, or other lawful means.

This answer explains how that works in practice and what to watch for when a marriage is separated but not legally ended.

Why the timing of the divorce matters

Legal marital status at the moment of death determines many estate rights. If the divorce decree is not final when the person dies, the parties remain legally married. That means the estranged spouse can be treated as the surviving spouse for purposes including:

• Intestate succession (inheritance when there is no valid will).
• Elective-share or family allowances that protect a spouse from being disinherited.
• Claims to certain jointly owned property (for example, survivorship interests).
• Potential entitlement under the decedent’s will and beneficiary designations (unless those designations were already changed or the spouse’s rights were waived).

Wills and beneficiary designations

Many states have rules that a final divorce revokes testamentary gifts to a former spouse. In Connecticut, a will or beneficiary designation that favors a spouse typically remains effective while the parties are still legally married. If the decedent named the estranged spouse in a will or on an account and the divorce was not final, that gift will generally stand, unless the decedent took affirmative steps to change it (for example, by redoing the will or changing the beneficiary designation) or there is an enforceable agreement that waives the spouse’s rights.

Intestate succession and elective/family allowances

If there is no valid will, Connecticut’s intestacy rules govern how the estate is divided. The surviving spouse often receives a statutory share of the estate (and in many cases the whole estate if there are no surviving descendants). Connecticut also provides protections such as a family allowance or homestead allowance intended to provide for the surviving spouse’s support while the estate is settled. Because these protections are based on marital status when the person died, an estranged spouse whose divorce was not final may assert those rights.

For official information about estate administration and probate in Connecticut, see the Connecticut Judicial Branch — Probate Courts: https://www.jud.ct.gov/probate/. For the text of Connecticut statutes, use the Connecticut General Assembly statutes website: https://www.cga.ct.gov/current/.

Joint property and ownership forms

Property held as joint tenants with right of survivorship, or as tenants by the entirety, often passes automatically to the surviving joint owner regardless of a will. If the couple remained legally married and property was titled jointly, the surviving spouse may receive automatic survivorship benefits. Title changes typically require affirmative legal steps — simply separating or filing for divorce does not, by itself, change title or survivorship rights.

When an estranged spouse may NOT recover

• If the spouse signed a valid, enforceable prenuptial, postnuptial, or separation agreement that clearly waived inheritance or statutory marital rights, that agreement can prevent inheritance claims.
• If the decedent revoked the spouse’s beneficiary designation or executed a new will that was properly executed and effective before death, that can change outcomes.
• If a court issued an order (for instance, a final marital settlement incorporated into a judgment) before death that terminated or affected the spouse’s rights, that could prevent a claim.

Practical steps for executors, family members, and estranged spouses

1. Check marital status at death: obtain the death certificate and any pending divorce docket entries. A pending but unfinalized divorce does not end marital status.
2. Examine estate documents: will, beneficiary designations, deeds, and any separation or prenuptial/postnuptial agreements.
3. Notify the probate court and follow Connecticut probate procedures for claims and notices. See: https://www.jud.ct.gov/probate/.
4. If you are the executor and the estranged spouse asserts a right, consider getting legal advice before distributing assets.
5. If you are the estranged spouse, assert any claims promptly — probate proceedings have deadlines for filing claims and electing statutory rights.

Common fact patterns (hypotheticals)

Hypothetical A: Jane files for divorce from Mark; the divorce is pending for six months. Before entry of any judgment, Mark dies. Because the divorce was not final, Jane is still Mark’s legal spouse. Jane may claim a share of Mark’s estate under intestacy rules or the will, and she may qualify for family or homestead allowances unless she waived those rights in a valid agreement.

Hypothetical B: A separation agreement signed by the spouses before death expressly waives all spousal rights in the other’s estate and was signed knowingly and voluntarily. That agreement may prevent a claim by the estranged spouse in Connecticut.

Key Connecticut resources and statutes

Primary official resources for Connecticut estate and probate law:

• Connecticut Judicial Branch — Probate Courts: https://www.jud.ct.gov/probate/
• Connecticut General Assembly — Current Connecticut General Statutes (searchable): https://www.cga.ct.gov/current/

These resources provide access to the statutory text and probate rules that govern intestacy, wills, elective shares, family allowances, and probate procedure.

Bottom line: If the divorce was not finalized before the death, the estranged spouse generally retains the legal rights of a surviving spouse in Connecticut and can assert claims against the estate unless those rights were previously and validly waived or otherwise terminated. Executors and family members should treat the surviving spouse as a legal spouse until they confirm otherwise.

Helpful Hints

• Confirm marital status at the exact time of death — a pending divorce ≠ divorced.
• Gather all estate planning documents, deeds, beneficiary forms, and any separation or settlement agreements quickly.
• Check whether there was a signed prenuptial, postnuptial, or separation agreement that could waive the spouse’s rights.
• If you are an executor, don’t distribute assets until you’ve reviewed potential spousal claims and probate requirements.
• If you are an estranged spouse, act quickly — probate has deadlines for asserting statutory rights or filing objections.
• Use Connecticut’s official sites for forms and procedural rules: Connecticut Judicial Branch Probate Courts (https://www.jud.ct.gov/probate/) and Connecticut General Assembly statutes (https://www.cga.ct.gov/current/).
• When in doubt, consult a Connecticut probate or family law attorney to protect rights and meet deadlines.