On July 13, 2024, actress Shannen Doherty – famous for her roles on Little House on the Prairie, Charmed, and, especially, Beverly Hills, 90210 – passed away after a lengthy battle with breast cancer. First diagnosed in 2015, her disease was in remission from 2017 to 2019, but returned in 2020 as metastatic stage 4 cancer.
Doherty died at a critical moment in her divorce proceedings. And now, a year and a half later, her ex-husband is challenging the terms of their settlement.
Doherty married photographer Kurt Iswarienko in October 2011. In April 2023, she filed for divorce. At the time, Doherty’s rep, Leslie Sloane, told People, “Divorce is the last thing Shannen wanted. Unfortunately, she felt she was left with no other option.” In a December 2023 interview with People, Doherty revealed that the painful decision came at a particularly painful time – in January 2023, she said, just before she underwent surgery to remove a malignant brain tumor, she learned Iswarienko had been unfaithful.
According to People, in the months leading up to her death, Doherty and Iswarienko were locked in a “contentious back-and-forth divorce battle.” As she became more gravely ill and her income decreased, Doherty alleged that her ex was purposely stalling the divorce process to avoid paying support.
In documents obtained by People, Doherty stated, “It is simply not right that Kurt be permitted to prolong our divorce in hopes that I die before he is required to pay me.” Iswarienko’s attorney disputed the accusation, saying they had offered a settlement in October 2023, which Doherty rejected.
Doherty finally signed their divorce settlement on July 12, 2024. Iswarienko signed it on July 13, the same day Doherty died. The divorce was finalized by a judge two days later, on July 15.
Court documents reviewed by PEOPLE showed that in the settlement, Doherty waived spousal support and “agreed to a ‘default or uncontested dissolution’ of their marriage, indicating the two had mutually finalized their divorce proceedings outside of court.”
Sources close to Doherty said she fought to finalize the divorce before her death because she feared Iswarienko would attempt to take over her multimillion-dollar estate.
In November 2025, representatives for Doherty’s estate, including her legal team and Christopher Cortazzo, trustee of the Shannen Doherty Family Trust, alleged that Iswarienko has failed to comply with key “monetary obligations” of the settlement, including:
- Selling the couple’s $1.5 million Texas home, and equally dividing the net proceeds. (The estate claims Iswarienko has “refused to list” the property, and appears to be living there now).
- Paying Doherty’s estate half the proceeds from the sale of their shared Mooney 20 Airplane. Iswarienko has allegedly “unilaterally withheld $50,274” owed to the estate.
- Returning property that belongs to the estate, and providing an inventory of his photography.
Iswarienko pushed back. On Wednesday, January 14, his attorney filed documents in Los Angeles Superior Court making two main claims: one, that the original settlement was brought in the wrong court, and therefore the court has no authority to enforce the terms of the agreement; and two, that the divorce case legally ended upon Doherty’s death, and the settlement should not have been filed.
This is an ongoing case, and it remains to be seen how it will play out. However, it underscores the complexity of divorces that are in process at the time of one party’s death.
Here are 4 things to know about what typically happens in California when one spouse dies during divorce proceedings:
Timing is Key. If one spouse passes away before a final judgment is entered, the parties are still legally married at the time of death, and the divorce case terminates immediately. The marriage is ended not by divorce but by death, leaving the surviving spouse a widow/widower. As there is no longer a marriage to dissolve, the family court loses jurisdiction.
Probate court takes over. The deceased spouse’s assets go to probate court and are governed by the will (if one exists) or by California’s intestate (no will) succession laws.
Remember that California is a community property state – with few exceptions, all assets and debts acquired by a couple while married are considered equally owned by both partners. In the event of divorce, the family law court divides community property 50/50. But if the divorce was not finalized before death, the laws governing death and estate distribution apply instead. The surviving spouse automatically retains their half of the community property. The decedent’s community property share becomes part of the estate, and is distributed either as the will directs or by intestate laws. If no will or trust directs otherwise, the deceased person’s share of community property is generally inherited by the surviving spouse.
Temporary orders, including custody and support – end.
Spousal support obligations (to or from the deceased) generally end at death. However, in some cases, the deceased spouse’s estate may still be required to pay child support.
Custody issues end. Except in rare cases (e.g., if the surviving spouse is found unfit), the surviving parent typically gets full custody of the children. In some cases, the parents of the deceased spouse may ask the court for visitation rights.
Notable exception – Bifurcated divorce. If, during the divorce process, the court bifurcated the divorce – separating marital status from the other issues – and terminated the couple’s marital status prior to one spouse’s death, the family court maintains jurisdiction over the other outstanding issues. In such cases, the deceased party’s estate appoints a representative for the rest of the divorce proceedings.
Perhaps above all, this case highlights the importance of estate planning. Keep wills, trusts, and advance directives updated, and review them as soon as you begin the divorce process.
Divorce and the death of a loved one – even a spouse from whom you were estranged – are among the most stressful things you can go through. The skilled and caring family law attorneys at SFLG are here to help you navigate even the most complex and challenging circumstances.
by Debra Schoenberg
