Estate of Ladd v. Estate of Ladd

The issue before the Court in this divorce action is whether the death of a party during the nisi period abates the divorce and nullifies the parties’ agreement dividing the marital property. We hold that the divorce is abated, but the agreement is enforceable independent of the divorce order. Accordingly, we reverse the family court’s refusal to abate the divorce and its entry of an order nunc pro tunc making the decree nisi absolute on the day before the husband died.

The parties, both now deceased, were married on September 26,1986. Florence Ladd left the marital residence in September…