Death and Divorce: Common Considerations


This paper offers considerations for drafting prenuptial, cohabitation, and separation agreements to clearly deal with the death of one party and reduce the risk of litigation. Discussion focuses on the application of prenuptial agreements, use and possession of the family home, contracting out of support via prenuptial or cohabitation agreements, beneficiary designations, registered plans, child and spousal support provisions, and life insurance as security for support.

Additional practical resources include standard letter inclusions, reporting letter language, and sample clauses for use in prenuptial, cohabitation, and separation agreements.

This paper is part of a collection presented at LESA’s 52nd Annual Refresher: Family Law program in Lake Louise on May 5–7, 2019.

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