MyCatholicSource.com - 'Quick Help' Page: Death Of Estranged Husband

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I am a little unclear what the term "2nd marriage" refers to (one can only have a valid "second marriage" after the death of a spouse). Nevertheless, I will try to explain in general terms below...

If you and your "estranged husband" were validly married to begin with, you would have remained married to each other until his death. Note that "validly married" may be different than "civilly married". A valid marriage is for life, regardless of any "civil divorce". A valid marriage can be dissolved by no power on earth. Remember that Jesus says...

"Everyone who divorces his wife and marries another commits adultery, and the one who marries a woman divorced from her husband commits adultery." (Our Lord Jesus Christ, Lk. 16:18) [Note: Also see Mt. 5:31-32 & Mk. 10:2-12 for similar quotes by Jesus.]

Certainly there could be no adultery if a divorce truly ended a marriage. Actually, it is impossible to dissolve a valid sacramental marriage while both spouses are living (regardless of what the state chooses to believe). As expressed in Church law...

"Can. 1118 A ratified and consummated valid marriage can be dissolved by no human power and for no cause, outside of death." (1917 Code of Canon Law)

"Can. 1141 A marriage that is ratum et consummatum can be dissolved by no human power and by no cause, except death." (1983 Code of Canon Law)

If there is any question as to the validity of your marriage to him prior to his death, you would need to contact the Church for assistance. Also, I have assumed that you did not obtain an annulment. An annulment is a declaration by the Church that you were never married to begin with (even if it seemed otherwise – even if there was a wedding at a Catholic church). Yet this may be 'moot' now since a valid marriage would have ended at his death. If you have questions about annulments, you might find the article here helpful. You may also find the following reflections on 'Divorce / Remarriage' here helpful.

Regarding legality of a "2nd marriage" under civil law, you might want to speak with an attorney.

Lastly, it would be good if you could find it in your heart to pray for your now deceased husband and have Masses said for his soul. As Christ has instructed us to forgive others, it would be in your own interest to forgive him and perform acts of charity on his behalf...

"If you forgive others their transgressions, your heavenly Father will forgive you. But if you do not forgive others, neither will your Father forgive your transgressions." (Our Lord Jesus Christ, Mt. 6:14-15)

I understand it may be difficult for you right now, but you may find that deeds done out of love of Christ become sweet burdens - ones that may be rewarded for all eternity in heaven.

In any event, I am very sorry for your loss and for the difficult situation.

God bless you.

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