In 2005, the Pennsylvania Divorce Code was amended and provided that a divorce action will not abate upon the death of a party, so long as the grounds for divorce have been established. That amendment was a major change to divorce law. Prior thereto, if a party died during the pendency of a divorce action, no matter how far along in the divorce process the parties were at the time that a party died, the divorce action would abate and the property rights would be determined under the Probate Estates and Fiduciary Code (PEF Code), 20 Pa. C.S. Sections 101-8815.

Section 3325(d.1) and 3323(g)(3) of the Pennsylvania Divorce Code address the death of a party during the pendency of a divorce action. Specifically, subsection (d.1) titled: “Death of a party” provides: “in the event one party dies during the course of divorce proceedings, no decree of divorce has been entered and grounds have been established as provided in subsection (g), the parties’ economic rights and obligations arising under the marriage shall be determined under this part rather than under 20 Pa.C.S. (relating to decedents, estates and fiduciaries).”