However, in contrast with property settlement proceedings, spousal maintenance proceedings cannot be continued after the death of one of the parties. Any existing orders for spousal maintenance cease on the death of either the party receiving or making the spousal maintenance payments.
Does cohabitation affect alimony?
Regardless of state law, if you and your ex-spouse have made an agreement that support or alimony won’t be affected by the person who receives it living together with someone new, your agreement will stand.
When does alimony end when a spouse remarries?
Normally, alimony terminates when the spouse receiving it remarries. However, this is not always the case. Certain state laws permit alimony payments to continue even after remarriage, in the absence of a spousal support agreement order that states otherwise.
Can a spouse’s estate continue paying alimony after the payor dies?
Alimony laws in some jurisdictions even allow a spouse’s estate to continue paying the ex after the payor dies. However, this scenario likely won’t unfold in states that have reformed alimony laws and set timelines for when spousal support will end.
What happens if a judge denies an alimony petition?
If the judge decides to approve the petition, the paying spouse will no longer be legally obligated to make spousal support payments to the receiving spouse. On the other hand, if the court denies the petition, then the paying spouse must continue to pay alimony to the receiving spouse as if nothing has changed.
Who is ordered to pay alimony or spousal support?
In most cases, the spouse who has the higher salary will typically be ordered to pay spousal support to the other spouse. In other words, whichever of the two spouses is in worse financial condition will normally be the spouse who is allowed to collect alimony.
