How Does Domestic Violence Impact Spousal Inheritance Rights?

Domestic violence can have significant legal implications for spousal inheritance rights, particularly when it comes to issues such as a spouse’s ability to inherit property or assets after a partner’s death or divorce. The impact of domestic violence on inheritance rights varies depending on the jurisdiction, but several legal principles and protections may come into play.

Ways Domestic Violence Can Affect Inheritance Rights

Will or Trust Provisions: In cases where a spouse is subject to domestic violence, they may be excluded from their partner’s will or trust. However, depending on the jurisdiction, a spouse may challenge the validity of a will if it can be shown that they were coerced or manipulated into being excluded due to domestic abuse. In some cases, courts may rule in favor of the abused spouse, even if the deceased partner intentionally left them out of the will.

Intestate Succession: If a spouse dies without a will (intestate), the surviving spouse typically has the right to inherit a portion of the estate. Domestic violence does not generally affect a spouse's legal right to inherit in intestate succession unless the survivor has been legally disqualified from inheriting due to certain criminal convictions or other legal provisions.

Divorce and Property Division: In the case of divorce, domestic violence can influence the division of marital property. In many states, courts consider domestic violence as a factor when dividing property and awarding alimony or spousal support. A victim of domestic violence may be entitled to a larger portion of marital assets or a more favorable spousal support arrangement due to the abuse suffered.

Legal Protections for Abused Spouses: Many states have laws that protect victims of domestic violence in matters related to inheritance, property division, and support. For instance, a spouse who has been subjected to domestic violence may have additional legal recourse to claim an equitable share of the estate or marital property, even if they were not initially included in the will.

Loss of Inheritance Rights Due to Murder: If the surviving spouse is responsible for the death of their partner, most states have slayer statutes that prevent the murderer from inheriting from the deceased spouse's estate. This statute, however, would generally not apply if the spouse was a victim of domestic violence unless the spouse had been killed by the abuser.

Example

A woman who has suffered years of physical and emotional abuse from her husband is concerned that, upon his death, she might not inherit any part of his estate due to his will disinheriting her. The woman challenges the will in court, claiming that her husband was manipulated by his family, who did not like her, into excluding her. In court, evidence of the abuse is presented, and the judge finds that the husband’s will was not a true reflection of his wishes. The wife is awarded a portion of the estate based on domestic violence laws that protect victims from being unfairly excluded. Additionally, in the divorce settlement, she receives a larger share of the marital assets as compensation for the abuse she endured during the marriage.