Expert Advice When You Need It Most

Alimony

My sister-in-law's exe currently pays alimony to her, but has recently been diagnosed with terminal cancer. Is his estate liable to continue the payments, or do they cease upon his death? If they cease, is there some recourse to insure their continuation?

Save

Attorney answers (3)

Avvo Pro

Reputation Level 14
Generally speaking, spousal support terminates on the remarriage of the receiving party and on the death of the paying party, or as is specifically provided in the court order establishing the terms of the support. You should examine the terms of the court order to see if the support that was ordered is un-modifiable. If so, you may be able to successfully argue for a continuation of the support. You should consult an experienced family law practitioner in your area to answer that question for you after a thorough review of the existing court order.
1 person marked this answer as good

Reputation Level 9
Generally speaking, the court's jurisdiction to order spousal support will terminate upon the death of either party. You do not specify if your sister-in-law is receiving support on a "pendente lite" basis (pre-Judgment) or whether a Judgment has been entered in this case. If a Judgment has been enterec, than your sister-in-law should carefully read the provisions of the Judgment. At any rate, she should consult a family law attorney to discuss if there any possible recourses she may have to set aside the Judgment.
1 person marked this answer as good

Reputation Level 10
Generally speaking, spousal support contained in a Judgment will terminate upon Death, Remarriage, or Further Court Order. You should carefully review what the provisions are.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now