Judge Stacy Bennett
Husband AC commenced a matrimonial action, and was granted a judgment of divorce. On the final day of trial, both parties "rested" and agreed to submit post-trial memoranda regarding economic issues. AC committed suicide and in this case of apparent first impression, wife claimed the divorce action did not abate as the judgment of divorce was granted at the outset of trial, and AC died after its conclusion. AC's attorney cross-moved for dismissal claiming the action abated upon AC's death. The court noted an exception to the general rule—a divorce action abated upon the death of a party before the granting of a divorce—was if the court issued a written or oral decision granting a divorce, the formal execution and entry of judgment may be performed after the death of a matrimonial litigant. It stated it retained jurisdiction to adjudicate the parties' financial issues ancillary to the termination of the marriage if a party to a divorce died after the divorce was granted, but before it rendered a decision on equitable distribution. The court found the entry of judgment of the divorce was merely a ministerial act, thus the action was not abated by AC's death as the parties' right to equitable distribution vested at the time the divorce was granted on the record.
