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What happens if an ex-husband owes his spouse money from a divorce agreement and dies before paying it?

East Northport, NY |

Money owed to ex-wife, had 6 years from date of divorce to pay her, 6 years coming up in November, and now ex-husband who remarried has health issues.

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Attorney answers 4

Posted

I am confused- is dead or not? She can make a claim against his estate, and depending upon where it falls in the priority of claims, she might get paid from the estate.

Asker

Posted

No, he is not dead but currently has health issues. He is starting only now to pay her back at $100 a month (owes $20,000). Is there anything legally she can do now to make it easier in the event of his death. He has remarried and she is afraid that she will have problems with the new wife getting the money if he died. She is entitled to this $$$. It was in the divorce settlement 6 years ago but never discussed this money owed until now since it is soon due.

Posted

If the money is not paid within the time period a claim to enforce it can be brought against the person if alive or his estate if deceased.

If my response has been "helpful" or the "best answer" please indicate it. It is rewarding to know that my answer has helped.

Posted

Your question is not entirely clear. He owes money to his ex-spouse who he divorced prior to marring you? You're worried whether she (the former spouse) can attach his money after he dies (from you)?

I'm 3 "helpful" answers away from a free blender! I may be guessing or not licensed in your state. No atty/client relationship exists.

Posted

Simple answer is to file an Order to Show Cause for contempt in November. Get it straightened out in Court. Or have him sign a Confession of Judgment and record it.

I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client relationship. www.PatchogueAttorney.com You should not rely upon free legal advice and I disclaim any liability for the results if you do.

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