Divorce During Terminal Illness

Shannen Doherty has been a big name in Hollywood for decades thanks to roles on hit shows like Charmed and Beverly Hills, 90210. She was diagnosed with breast cancer in 2015, and despite periods of remission, eventually passed away at the age of 53 on July 13, 2024. She had filed for divorce from her ex-husband, Kurt Iswarienko, in 2023, but the proceedings were delayed as the two could not agree on post-divorce spousal support. Doherty requested temporary spousal support from her husband of more than a decade as she stopped receiving television residuals and lost her SAG membership and health insurance. Meanwhile, he claimed he could not afford to provide her with $15,000 in spousal support per month despite indulging in luxuries like Gucci shopping sprees, jewelry stores, and day spas. She had submitted an income and expense report to the court shortly before her death, but claimed that Iswarienko refused to cooperate.

Unfortunately, in these types of situations, one spouse might benefit from dragging out proceedings to see if their ex will pass away before all of the issues relevant to their case are finalized. That may have been what happened here, as after months of deliberations, Doherty signed their divorce papers on July 12, 2024, and Iswarienko signed July 13, 2024, the day of her death. However, the estate that Doherty left behind was substantial, but she also had high monthly expenses and hundreds of thousands owed to creditors. It is unclear whether Iswarienko waited to hear of his ex-wife’s passing before signing the documents, or it was just a coincidence that those two events occurred on the same day.

Estate Planning & Divorce

Someone who is diagnosed with a potentially fatal illness should create an estate plan as soon as possible, if they haven’t already. Otherwise, the estate will be distributed according to Arizona’s intestate succession laws- if the sick spouse wants a divorce, they probably want their estate going to someone else. If the spouse passes away before getting a divorce, all community property, or property acquired during the marriage, will go to the surviving spouse. If the spouse who passes away has children, the estate can be split between their children and surviving spouse. Estate planning documents must be executed while the person has legal capacity to do so- waiting until a disease has progressed too far could invalidate estate planning instruments. 

A spouse with a medical diagnosis can create a last will and testament to indicate how they would like their assets distributed, who should be the executor of their estate, and if they have minor children, who they would like to serve as their legal guardian. That spouse may also want to create estate planning instruments like trusts, powers of attorney, and more. This can ensure that medical decisions are made in accordance with that spouse’s wishes, or that a loved one of their choosing will have authority for those types of decisions. If you are seeking a full-service law firm that can point you in the right direction for family law and estate planning matters, don’t hesitate to contact our office for your free consultation. Call 480-680-9126 to get started today. 

Legal Separation

Legal separation can be a good option for spouses whose relationship is effectively over but they don’t want to give up all of the benefits of being married. For example, if one spouse is diagnosed with a terminal illness, the other spouse can keep them on their health insurance policy after a legal separation, but not after a divorce. There are countless personal reasons you may have for wanting to ensure that your ex maintains health insurance coverage, such as wanting your child’s other parent to survive as long as possible. Spouses that are legally separated can still file joint tax returns, unlike divorced spouses. Legal separation doesn’t completely sever the ties of marriage like a dissolution of marriage, while still creating boundaries that don’t exist between two spouses. 

An unfortunate truth of life in the United States is that medical treatments are expensive, and medical debt is burdensome and hard to repay. Additionally, in Arizona, all debts acquired while two spouses are still legally married are considered community property and the joint responsibility of both spouses. Some couples end their legal marriages, despite continuing their romantic relationships, to keep the other spouse from being held responsible for the sick spouse’s medical expenses. Community property is no longer acquired after a petition for legal separation has been filed, so it can be an option for spouses who need to address this issue but don’t want to get divorced. 

Considering the end of your marriage during a fight with a serious disease or medical condition is a difficult decision. Depending on your specific circumstances, a legal separation or divorce may better suit your needs. A skilled family law professional can guide you through your options and help you make this decision, which will have lasting impact on your family’s life. Our team is experienced in guiding Arizona families through divorce, legal separation, child custody matters, and more. Get started today with your free consultation by phone- call 480-680-9126.  

Child Custody During a Medical Battle

Caring for children may not be possible given a spouse’s medical condition. If so, it can be difficult for that parent to maintain custody after a divorce. Usually, Arizona courts want to give parents equal rights to their children, with parenting time being as close to 50/50 as possible. This is believed to be in the children’s best interests, which should always be the top priority in Arizona child custody determinations. However, if one parent will be in and out of medical appointments, taking medication that interferes with their parenting abilities, etc., it may be better for the other parent to be their primary physical custodian. This can be modified upon the other parent’s medical recovery. In the meantime, both parents can retain joint legal custody of their shared children, or the ability to make life decisions like schooling, medical treatments, and religious affiliations. The parents can also utilize a temporary child custody plan during their proceedings. 

Need more information about formulating a custody plan with a spouse who has a serious medical condition? Our Arizona family law team provides experienced representation for delicate divorce and custody matters. We can answer your questions about family law issues in Arizona, free of charge. Schedule your free consultation today by calling 480-680-9126. 

Schedule Your Free Consultation With AZ Family Law Lawyers To Learn More About Your Options During Trying Times

If you are going through a breakup with a partner who is also fighting a serious disease, the choices you make now will follow you and your family for the rest of your lives. Skilled family law representation can ensure you make your decisions with confidence and complete knowledge about the legal issues at hand. Our Arizona family law lawyers take pride in helping our clients achieve positive resolutions out of negative situations. Call 480-680-9126 to get started with your free consultation. Contact us today!