Can an Estranged Spouse Inherit If the Divorce Was Not Final?

Short answer: Yes. Under Iowa law, if a person dies before the divorce is final, the surviving spouse is still legally the decedent’s spouse. That means the estranged spouse keeps normal spousal rights at death—inheritance by intestacy, rights under a will that names the spouse, survivorship on jointly held property, and eligibility for statutory spousal protections—unless the decedent took steps (like changing beneficiary designations or jointly titling property) that alter particular assets.

Detailed answer — how this works in Iowa

Start with one simple rule: legal marriage continues until a court enters a final decree of dissolution. A separation, pending divorce, or a signed but not-finalized settlement does not end the marriage for estate-law purposes. That status matters in several common estate contexts:

Intestate succession (no valid will): If the decedent died without a valid will, Iowa’s probate rules governing intestate succession treat the surviving spouse as the spouse. That person will inherit according to Iowa’s intestacy rules. See Iowa Code (Probate) for rules governing probate and inheritance: Iowa Code, Chapter 633 (Probate).
Wills that name the spouse: If the decedent had a will that leaves property to the spouse, that provision remains effective if the couple was still legally married when the decedent died. (Many states automatically revoke will gifts to a former spouse upon final divorce, but that revocation only applies when the divorce is completed.)
Beneficiary designations (life insurance, retirement accounts, transfer-on-death accounts): These are governed by the beneficiary designation contract or statute. In most cases, beneficiary designations remain effective even if the decedent later separates from the beneficiary. Unless the decedent changed the beneficiary or the state law automatically revokes such designations on divorce (you should check the specific statute or documents), the named beneficiary can still claim proceeds. Review the account or policy documents and talk with a probate attorney to confirm how Iowa law applies to a particular policy or account.
Jointly held property and survivorship: Property held as joint tenants with right of survivorship (or tenancy by the entirety, where recognized) typically passes to the surviving joint owner automatically at death. Divorce not finalized means the joint owner spouse can still claim survivorship rights unless titling or other documentation says otherwise.
Statutory spousal protections (family allowance, exempt property, homestead): Iowa law provides certain protections for a surviving spouse—such as a family allowance, exempt property, and possibly an elective share—designed to prevent a spouse from being left destitute. These protections are available to the surviving spouse if the marriage existed at the decedent’s death. See the probate code for allowance rules: Iowa Code, Chapter 633.
Claims by a separated spouse against the estate: A spouse who was still married at death can bring claims in the probate process—e.g., to enforce beneficiary rights, request allowance, or assert an elective share—subject to the usual deadlines and procedural rules.

Illustrative hypothetical

Imagine John and Mary are separated and negotiating a divorce. John dies before the court signs the final decree. John named his new partner, Alex, as the beneficiary of his 401(k) and left a will leaving most of his probate estate to Alex. Because John and Mary were still legally married when John died, Mary remains his spouse. Mary can still:

inherit under Iowa intestacy rules if John’s will is invalid or does not dispose of everything;
contest the will or claim statutory spousal allowances (subject to deadlines); and
receive jointly held assets that pass by survivorship.

Whether Alex receives the 401(k) depends on the plan’s beneficiary designation. Retirement account beneficiary designations often override wills. An attorney can help determine which protections or claims Mary may use and whether Alex’s contractual beneficiary rights stand.

Key steps to take if you are the executor, the surviving spouse, or a named beneficiary

Confirm marital status at the decedent’s death: obtain a marriage certificate and any divorce filings to establish whether a final decree existed.
Locate and review the decedent’s will, beneficiary designations, account titles, and any deeds.
Open probate promptly if required and file any necessary notices. Statutory deadlines can bar claims if you wait.
If you are a spouse who believes you were disinherited unfairly, contact a probate attorney experienced in Iowa law about family allowances, elective share, or will contests.
If you are a named beneficiary and the spouse objects, gather documentation (beneficiary forms, account contracts, deeds) and consult a probate or estate attorney.

Where Iowa statutes matter

Iowa’s probate statutes define who qualifies as a spouse for probate purposes and set the rules for intestate succession and spousal allowances. The Iowa Code chapters to review include the probate provisions (Chapter 633) and the dissolution/family law provisions that govern final divorce procedures (Chapter 598). Link to the Iowa Code search pages here:

Those chapters explain the probate process, intestacy rules, and how and when a divorce becomes final. Because statutory details and interpretations can change and because documents vary, you should consult a lawyer about a particular case.

Helpful hints

Separation is not divorce. If you are separated but not divorced when your spouse dies, you remain legally married for estate purposes.
Beneficiary designations often control. Even if a will disinherits a spouse, life insurance and retirement accounts usually pay the named beneficiary unless the plan or law says otherwise.
Act quickly. Probate deadlines and notice periods can extinguish claims if you delay.
Gather documents: marriage certificate, separation/divorce filings, will, beneficiary forms, deeds, bank statements, and retirement plan documents.
Talk to a probate attorney in Iowa early. They can check whether the spouse can claim an allowance, elective share, or challenge transfers, and they can advise how ongoing divorce filings affect estate matters.

Disclaimer: This article explains general Iowa law and is for educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Iowa attorney.