Question: My third husband and I had been married for three years when he died of a heart attack. Because of him abusing me, he was removed from our home by police three months before he died. The court issued an order of protection, and I filed for divorce, alimony, and my share of about $80.000.00 in marital assets. The judge awarded me temporary alimony, and we were waiting for the next hearing when he died.

After we married, but before his death, my husband inherited nearly $1,000,000.00 from his aunt which my divorce lawyer told me I could not touch because it was non-marital property. I learned after his death that he had cut me out of his will.

Here are my questions: Can I continue the case in the family court to get my share of the marital property? Will I get continued alimony? What can I do about him cutting me out of his will? Whatever I do, his family told me that they would fight me to the death.

Answer: Although the answers to your questions depends, to a large extent, on the law of your state of residence, generally speaking, you can pretty well bank on the following: (1) alimony and spousal support terminate with the death of the obligor – that is, your husband -- unless there is an agreement between spouses to the contrary, and (2) your right to a share of the marital property – assuming it became “vested” when you filed the marital litigation – would not be divested by the death of your spouse.

Again, depending on the law of the state where you live, in order to proceed in the family court, the personal representative of your husband's estate would first have to be substituted as a party to your suit in place of your husband. Then, assuming your state law allows it, you can continue to litigate to conclusion your entitlement to a share of what is identified as “marital property”, but not inheritance.

On the other hand, because you were cut out of your husband's will (assuming you did not sign a premarital agreement or other document by which you waived your rights to share in your husband's estate), most states laws prevent one spouse from cutting out the other. In these states, you have the right to elect to take your statutory share -- generally one-third -- of your spouse's net estate, whether inherited or now. In some instances, an omitted spouse may receive 50 percent.

Therefore, assuming your husband left an estate valued at $600,000, your one-third interest would approximately $200,000, with no distinction between “marital” and “non-marital.” On the other hand, based upon your figures, your maximum marital property division would be $40,000.

Since it appears to us that you could conceivably be litigating in two courts at once against your husband's estate, and since the potential disparity between the awards is significant. we believe it would be in your best interests, not to mention that of those who are handing your deceased husband’s estate, to rationally discuss settlement rather than fighting for the sake of fighting.

You should ask the same questions you asked us of your lawyer who, in our view, should help you understand your options and then direct you down the right path.