Rebecca Gayheart may be entitled to a large sum should Eric Dane's medical condition take a turn for the worse.

According to celebrity divorce attorney, Gayheart, 54, could receive significant money and property if they are still married at the time of the 53-year-old's passing.



Source: MEGAEric Dane and Rebecca Gayheart are not legally separated.

"If their marital status is active at Eric's death, Rebecca, as his surviving spouse, would inherit his share of community property with a 'step up in basis' for tax purposes, offering a significant tax advantage upon the sale of those assets," explained Monica Mazzei, Shareholder in Buchalter's San Francisco office and Chair of the Firm's Family Law group.

Although the actress filed for divorce in February 2018, the duo dismissed their desire to become legally separated in March 2025."There are also potential legal and financial motivations for the dismissal," said Mazzei. "Under California Code of Civil Procedure ยง 583.310, the court was likely to dismiss the 2018 petition anyway, as a case not brought to trial within five years must be dismissed. Rebecca's options were facing dismissal or incurring significant costs to pursue the divorce."



Source: MEGAEric Dane was diagnosed with ALS in April 2025.

The Urban Legend alum opened up about her broken marriage in a recent interview."Lots of s--- went crazy in our relationship, and it wasn't good," Gayheart disclosed in an essay published by an outlet last month. "We separated, but we never got a divorce; we were about to and then we didn't. We haven't lived in the same home for eight years; he's dated other people, I've dated someone."

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Source: MEGARebecca Gayheart admitted she has a 'very complicated relationship' with Eric Dane.

It has not been easy for the Jawbreaker star to serve as her estranged husband's "care partner" following his ALS diagnosis in April 2025."It's a very complicated relationship, one that's confusing for people. Our love may not be romantic, but it's a familial love," she explained. "Eric knows that I am always going to want the best for him. That I'm going to do my best to do right by him. And I know he would do the same for me."Gayheart feels loyal to Dane, whom she has been married to since 2004 and shares daughters, Billie, 15, and Georgia, 14."Eric and I have known each other for a million years now," she wrote. "I care about him deeply. We had a really lovely marriage for a long time - we were married for 15 years - we created two beautiful girls."

Source: MEGARebecca Gayheart and Eric Dane share two daughters.

Because of their history, the TV star wants to continue being a strong support system for her ex, who is now under 24/7 nursing care."Whatever I can do or however I can show up to make this journey better for him or easier for him, I want to do that. And I want to model that for my girls: That's what you do. That's the right thing to do," she said, noting it's been "really positive" spending more time as a family. "I think it's nice for the kids to see maybe a softer side of us. It's not that they have the hopes of us being together - kids always dream of their parents getting back together, and I think now ours don't because they understand the reality of the situation. And hopefully, what they see instead are two adults who are trying to be mature and focus on what's important."