What happens to alimony if the payor dies?

If the person ordered to make alimony payments (the “payor”) dies in the state of Louisiana, the court orders to pay alimony will terminate. The payor’s estate will not be responsible for paying any alimony that was owed. Louisiana law also states that any alimony that the payor had already paid up to the time of their death will be credited against the amount they owed. The individual to whom alimony had been ordered (the “payee”) cannot take legal action against the payor’s estate in order to try to receive alimony payments that would have been due after the payor’s death. In Louisiana, the payee has no right to receive alimony from the payor’s estate. The payee may be able to seek alternative forms of financial assistance from the payor’s estate, such as from life insurance policies, if such policies exist. The payee must ensure that they are made aware of any such policies in order to pursue them for the financial resources they may provide. Lastly, if the payee is the payor’s surviving spouse and the payor died intestate (without a will), the surviving spouse may be able to receive a share of the payor’s estate through the legal process of succession.

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What happens to alimony if the payor dies?

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