I was a big fan of Shannen Doherty, who’s known for her roles in shows such as Beverly Hills, 90210 and Charmed. As one of three sisters myself, we couldn’t wait to watch Charmed together when 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 passing was the finalization of her divorce right before. Timing is everything, which is certainly the case regarding Doherty’s estate.
Doherty filed for an uncontested divorce from her now ex-husband Kurt Iswarienko the day before she passed away. Iswarienko signed the agreement the very next day.
“By finalizing the divorce, Doherty managed to ensure that her assets will be distributed according to the agreed-on terms of the settlement,” said Cody Barbo, co-founder and chief executive officer of Trust & Will. “Through this contract, she regained control over significant assets that can be passed on to her designated beneficiaries according to her estate plan.”
A Different Outcome
Had the divorce papers not been signed, the outcome for Doherty’s estate could have been drastically different.
“In some states, if a person dies during an active divorce proceeding, the process either halts or is significantly altered,” Barbo explained. “That would mean that a person’s entire estate would be subject to the succession laws in place for someone dying without a will or intestate. Without a finalized divorce agreement in a community property state, Iswarienko could have had a legitimate claim to what now belongs to Doherty’s estate. That could have meant that residuals from her acting career earned during their marriage would be considered community property; an extended legal battle and confusion about asset distribution likely would have ensued.”
According to Page Six, Doherty was in a heated divorce battle with Iswarienko in the weeks leading up to her death. Doherty was fighting for temporary spousal support, arguing that her residual income was about to drastically decrease as Charmed (the TV show that propelled her to stardom) would no longer be streamed after June 30, 2024, and accusing Iswarienko of earning millions and withholding important information about his income.
Had the uncontested divorce not been finalized in the nick of time, Iswarienko could have made a play for Doherty’s estate, which is said to be worth millions (court records indicate that her assets included a Malibu home worth $6 million). If a spouse dies in the middle of a divorce, in California, the family law court no longer has jurisdiction, and probate rules take over.
Importance of a Prenuptial Agreement
Doherty isn’t the only one to pass away around the time of 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 at the time of a couple’s marriage. By having a prenup, if there ever were a change in marital status, the couple would already have a clearly outlined agreement that defines separate and community property. Planning for the unexpected by establishing trusts or other legal instruments can also help ensure that your intended beneficiaries receive their inheritances without complications.”
Diana Cabrices is the founder and chief executive officer of Diana Cabrices Consulting
