Do maintenance payments terminate upon death?
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Do maintenance payments terminate upon death?
My dad was ordered to pay a $60,000 settlement in his divorce to his ex-wife, which he did. However, he was also ordered to pay $500 a month maintenance to his ex-wife for a period of one year. He made 5 payments, the last payment was made the month of 06/10. He died 07/13/10. I am his executor of his estate and also his daughter. His ex-wife has filed a claim against the estate (09/01/10) for the 7 remaining payments of $500 (totalling $3500). Do I have to pay this? I thought the KRS 403.250 KY statute was amended and maintenance terminates upon death.
Asked on September 5, 2010 under Family Law, Kentucky
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am sorry for you loss. I believe that you are correct: spousal maintenance terminates upon death of either party or the remarriage of the party receiving the maintenance. However, there is a catch: if the parties agreed in writing or it is expressly stated in the decree. So, if your Father and his ex agreed that the maintenance payments would continue after his death then his estate would be liable for them. Do you have a copy of the agreement or the decree? You as executor can request a copy or any proof you need to verify the claim. Just ask the claimant, his ex, for the proof that the money is due and owing from the estate. Good luck.
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