I was a big fan of Shannen Doherty, who is known for her roles in shows such as Beverly Hills, 90210 AND Fascinated. As one of three sisters ourselves, we couldn't wait to watch Charmed together when the episodes aired. I was saddened when she passed away after a long and courageous battle with breast cancer.
One aspect that struck me about her death was the finalization of her divorce shortly before. Timing is everything, which is certainly the case with Doherty's fortune.
Doherty filed for an uncontested divorce from her ex-husband, Kurt Iswarienko, the day before she died. Iswarienko signed the agreement the very next day.
“By finalizing the divorce, Doherty was able to ensure that her assets would be distributed according to the agreed terms of the settlement,” it said. Cody Barbeauco-founder and chief executive of Faith and Will. “Through this contract, she regained control over significant assets that can be passed to her designated beneficiaries under her estate plan.”
A Different Result
Had the divorce papers not been signed, the outcome for Doherty's estate could have been entirely different.
“In some states, if a person dies during an active divorce process, the process is either stopped or significantly altered,” Barbo explained. “This means that a person's entire estate will be subject to the laws of inheritance in force for someone who dies intestate or intestate. Without a finalized divorce settlement in a community property state, Iswarienko could have a legitimate claim to what now belongs to Doherty's estate. This could have meant that residuals from her acting career earned during their marriage would be considered community property; a protracted legal battle and confusion about the distribution of assets would likely have ensued.”
According to Page sixDoherty was in a bitter divorce battle with Iswarienko in the weeks before her death. Doherty was fighting for temporary spousal support, arguing that her remaining income would be drastically reduced after Fascinated (the TV show that propelled him to stardom) would no longer air after June 30, 2024, and would accuse Iswarienko of making millions and withholding important information about his earnings.
If the uncontested divorce hadn't been finalized in time, Iswarienko could have made a show of Doherty's estate, which is said to be worth millions (court records show her assets included a Malibu home with worth 6 million dollars). If a spouse dies in the middle of a divorce, in California, the family law court no longer has jurisdiction and the rules of probate take over.
The importance of a prenuptial agreement
Doherty isn't the only one to have passed away during their divorce. “What other divorcees can learn from Doherty's divorce case is how important it is to consider a prenuptial agreement,” Barbo said. “This legal contract clearly defines what belongs to whom when a couple gets married. By having a prenup, if there was ever a change in marital status, the couple would already have a clearly defined agreement that defines separate and joint property. Planning for the unexpected by creating trusts or other legal instruments can also help ensure that your intended beneficiaries receive their inheritance without complications.”
Diana Cabrices is the founder and chief executive officer of Diana Cabrices Consulting