Conditions for Inheritance After Divorce
2024-02-04
As you know, once the divorce formula is pronounced, the spouses become religiously and legally unrelated to one another, and they no longer owe each other marital duties. One of the issues that arises after divorce is the conditions for inheritance, which we cover below.
Inheritance between husband and wife
Under Article 940 of the Civil Code, a husband and wife inherit from one another only if their marriage is permanent. If the marriage was temporary (sigheh), neither spouse inherits from the other upon death, unless the deceased's will specifically provides for it. However, a situation may arise where the spouses have separated and one of them then dies. In that case, the question is whether they still inherit from each other after divorce.
A wife's inheritance after divorce
Article 943 of the Civil Code states: "If a husband divorces his wife by revocable divorce (talaq-e-raj'i), and either of them dies before the waiting period (eddeh) expires, the other inherits from them. But if the death of either occurs after the waiting period has ended, or if the divorce was irrevocable (talaq-e-ba'en), they do not inherit from one another." In other words, if the spouses separated through a revocable divorce and the husband dies during the waiting period of that revocable divorce, the wife can inherit from him. But if the divorce was irrevocable, and the husband's death occurs after the wife's waiting period has ended, the wife's right to an inheritance share no longer applies. A wife's share of her husband's estate is one-quarter if he has no children, and one-eighth if he has children.
Revocable divorce (talaq-e-raj'i)
Divorce between spouses is either irrevocable (talaq-e-ba'en) — where the husband and wife are completely separated after the divorce and there is no possibility of reconciliation except by remarrying — or revocable (talaq-e-raj'i), under which the husband may return to the wife during the waiting period of the revocable divorce, and they may resume living together without the need for a new marriage contract. Under the law, a wife in a revocable divorce, who is treated as if she were still a spouse, retains the rights granted to a spouse under the Civil Code — inheritance being one of them.
Inheritance under a revocable divorce is, however, subject to specific conditions. Under Article 943 of the Civil Code, when a husband separates from his wife through revocable divorce, if either party dies during the waiting period, the other inherits from them. If the waiting period has ended and one party then dies, the surviving spouse is no longer entitled to any inheritance. Another exception is set out in Article 944 of the Civil Code: "If a husband divorces his wife while suffering from an illness and dies within one year, the wife inherits from him, even if the divorce was irrevocable."
Conditions for inheritance in a divorce granted during illness
The husband must have divorced his wife while suffering from illness. The illness during which the divorce occurred must be directly connected to his death — meaning that if the husband was ill but recovered, the wife's right to inherit lapses, even if he later contracts the same illness again. The illness must be continuously connected to death, with no recovery in between, and death must be caused by that illness. If the husband dies for a different reason, the wife does not inherit — for example, if he was ill but died in a car accident or from any other unrelated cause, the wife receives no inheritance in that case. He must die within one year of the divorce — if more than one year passes without the husband dying from the illness, the wife does not inherit; he must die within that one-year period following the divorce. If he dies after that year has ended, the wife receives no inheritance. The wife must also not have remarried.