Getting alimony or spousal support is an ambiguous subject for people. Due to ignorance on this subject, many people suffer financially.
In general, in a case of a divorce, the requesting spouse can be eligible for the alimony. He/she can claim for the alimony by taking the matter to the court. The honorable court's decision should be applicable if it orders the paying spouse to make payments to the requesting spouse.
However, if both the spouses were to die, the court can terminate the alimony payments.
When does the alimony payment get over for a requesting spouse?
1 If the requesting spouse gets married, then the spousal benefit will no longer be available.
2 If the paying spouse dies, the alimony will no longer be available for the requesting spouse. However, there are some exceptions.
Here you go:
What happens to the spousal support when the paying spouse dies?
In some cases, the paying spouse's death doesn't eliminate the alimony payments:
- If the court orders for the spousal support and child support payments.
- Child support will not be terminated during the child’s minority.
- The child support should be provided from the estate of the deceased payor parent.
- The child support can be modified in the court.
- The supporting spousal needs to provide the "Otherwise agreed" in writing to get further support.
- If the requesting spouse learns about the passing of the ex (Paying spouse), he/she has to contact a divorce lawyer who knows about probate law. The lawyer has to review the divorce decree to see whether there is any obligation to continue the support after the ex-spouse’s death.
How to claim the spousal support when the paying spouse dies
It is important to claim child support as soon as possible. The requesting spouse needs to file a creditor’s claim against the ex’s decedent’s estate (Probate estate).
How can a requesting spouse get unpaid alimony after the death of paying spouse?
If the paying spouse dies without paying the alimony, then the requesting spouse is eligible to get the unpaid alimony from the estate of the deceased ex.
The requesting spouse can claim the credit of the estate. The requesting spouse should submit a claim against the estate to get the unpaid alimony.
How does the probate process work?
When the paying spouse dies, the state will hold the person's estate through the probate process.
How can a requesting spouse secure the spousal support before death?
The best ways to secure the spousal support are as follows:
- Prepare a separation agreement in writing that states the paying spouse has to pay the spousal support even after his/her death by utilizing the estate.
- Involve the court and prepare a court order which states that the paying spouse will be liable for the spousal support even after death.
Lastly, it is vital to understand the terms related to alimony since the various circumstances could arise anytime and terminate the agreement. For example, if you remarry, or the death of your ex-spouse can stop the alimony payments.
Thus, it is important for a requesting spouse to secure his/her financial position by having a significant income.
Well, there can be many terms related to alimony and death case in a divorce. So don't hesitate; talk to an attorney who can give you answers to every possible situation that can arise in such a case.
