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.
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:
In some cases, the paying spouse's death doesn't eliminate the alimony payments:
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).
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.
When the paying spouse dies, the state will hold the person's estate through the probate process.
The best ways to secure the spousal support are as follows:
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.