What happens to alimony if the payor dies?
In the District of Columbia, alimony payments cease upon the death of the payor. If the payor had established a life insurance policy for their obligation to pay alimony or assigned any other assets to the alimony obligation, then the estate of the payor would be responsible for honoring all alimony obligations. If the payor had not, the alimony recipient would be barred from making a claim against the payor’s estate. The death of the payor also triggers a review of the alimony recipient’s right to receive continued alimony payments. If the alimony recipient is still in need of financial support, the court shall make a new determination of alimony, taking into account all relevant factors, such as the payor’s financial resources in the estate, the amount of money required to maintain a similar living standard, and any other relevant circumstances. If due to the death of the payor, the court no longer finds that the alimony recipient is in need of financial support, the court shall terminate all further alimony obligations. The date of termination shall be either the date of the payor’s death or the date of the new alimony determination, whichever is earlier. In conclusion, the death of the payor in the District of Columbia triggers a review of the alimony recipient’s right to receive continued alimony payments. Unless the payor had established a life insurance policy or assigned assets to the alimony obligation, the alimony recipient is not able to make a claim against the payor’s estate. The court shall then make a new determination of alimony, or terminate further alimony obligations if the recipient no longer needs financial support.
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