What happens if a divorce isn’t final — can an estranged spouse still claim under an estate?

Short answer: Yes. If the couple remained legally married when one spouse died, the surviving (estranged) spouse remains a legal spouse for estate purposes in Maine. That means the surviving spouse may inherit under intestacy rules, take as a named beneficiary on contracts and accounts, and claim certain spousal allowances from the estate. A pending but unfinished divorce generally does not cut off those rights.

How Maine law treats marital status at death

Maine treats marriage as ending only when a court issues a final divorce decree. Until the court finalizes the divorce, the parties remain married in the eyes of the law. That affects several areas of estate distribution and probate.

See the Maine Probate Code (Title 18‑B) for the statutes governing wills, intestacy, probate allowances and other estate rules: Maine Revised Statutes, Title 18‑B (Probate Code).

Practical consequences when the decedent was still legally married

Intestate inheritance: If the decedent died without a valid will, the surviving spouse can inherit under Maine’s intestacy rules. The estate will be distributed according to the Probate Code.
Wills and testamentary gifts: If the decedent had a will that left money or property to the current spouse, that gift still stands because the marriage existed at death unless the will itself was properly changed or revoked.
Beneficiary designations and nonprobate assets: Life insurance policies, retirement accounts (IRAs, 401(k)s), payable-on-death bank accounts, and other contracts pass to the named beneficiary even if a will says otherwise. If the surviving spouse is named as beneficiary, they usually receive those proceeds directly, outside probate.
Joint ownership with survivorship: Property owned as joint tenants with right of survivorship or titled jointly with rights of survivorship typically passes automatically to the surviving co‑owner, regardless of divorce proceedings.
Spousal allowances and exemptions: Maine law provides protections for a surviving spouse—such as allowances, exempt personal property, or a homestead allowance—that can let the spouse receive a statutory minimum from the estate even if a will leaves them less. See Title 18‑B for those probate protections.
Separation or settlement agreements: A signed and enforceable separation agreement or property settlement that transfers ownership or disposes of certain assets can affect what the spouse can claim. If the agreement was finalized and enforceable before death, it may limit spousal claims.

What a pending divorce does not do automatically

It does not automatically remove the spouse as a beneficiary on insurance, retirement, or bank accounts.
It does not automatically revoke or change a will (unless the will itself was changed to reflect intent to disinherit the spouse).
It does not change joint‑tenancy survivorship rights or title-based ownership unless the parties took steps to re-title property.

When an estranged spouse might not inherit

A spouse may be unable to inherit if one or more of the following apply:

The decedent executed valid estate planning documents that explicitly disinherited the spouse and those documents controlled (and the documents were valid at death).
The decedent changed beneficiary designations on life insurance or retirement accounts so the spouse was not the named beneficiary.
Parties had a valid and enforceable separation agreement transferring the assets away from the spouse before death.
Title to property was held so that it passed outside probate to someone other than the spouse (for example, by joint tenancy in which the other joint owner survives).

Common estate steps a surviving spouse or family member should take

Obtain a certified copy of the death certificate.
Find the decedent’s will (if any), beneficiary designations, and property titles.
Contact the probate court in the county where the decedent lived to open an estate or file for probate if needed. Maine Probate Court information: Maine Judicial Branch – Probate.
Keep copies of any separation agreements or pending divorce filings; these will be important in determining claims.
Check retirement and insurance beneficiary forms. Those contracts often control distribution regardless of estate documents.

How to challenge distributions or protect rights

If someone believes the surviving spouse improperly received property, or the surviving spouse believes the estate is trying to deny their statutory rights, Maine law provides ways to act in probate court—filing claims, objecting to probate, asking for spousal allowances, or contesting the validity of instruments (will, beneficiary forms). Because procedures and deadlines are strict, contact a Maine probate attorney promptly to protect rights.

Helpful links

Maine Revised Statutes, Title 18‑B (Probate Code): https://legislature.maine.gov/legis/statutes/18-B/title18-Bindex.html
Maine Judicial Branch – Probate information: https://www.courts.maine.gov/our_courts/probate/index.html
Social Security survivor benefits (federal): https://www.ssa.gov

Helpful Hints

Do not assume separation equals divorce. Only a final decree ends the marriage for estate law.
Check beneficiary designations first—these often control distribution of large assets.
If you are the estranged spouse and the decedent intended to disinherit you, gather any written evidence (signed waivers, separation agreements, beneficiary changes) and contact a probate attorney right away.
If you are an executor or family member, inventory titles and beneficiary designations before distributing assets.
Meet filing deadlines in probate court. Missing a deadline can forfeit rights or defeat challenges.
Consider mediation or negotiation if claims among family members arise; court fights are costly and slow.

Disclaimer: This article explains general principles of Maine estate and probate law and is for informational purposes only. It does not provide legal advice and does not create an attorney‑client relationship. For advice about a specific situation, consult a qualified attorney in Maine.