What happens to alimony if the payor dies?

In Virginia, if the payor of alimony dies, the alimony stops. Virginia law does not require the estate of the payor to continue to pay the alimony and there is no legal obligation for the payor’s estate to do so. This is true regardless of whether the alimony was ordered to be paid as a part of a divorce decree or court order. Any alimony that is due to the recipient prior to the payor’s death is still due to the recipient and must be paid out of the estate of the payor. If the payor’s will specifically states that alimony should be paid, then that payment is considered a debt of the estate and must be paid before any other debts are paid. Any alimony that is due to the recipient after the death of the payor is not collectible and the recipient will not be able to receive any payments. Therefore, it is important for both parties to have a written agreement that specifies the duration of time over which alimony is due, to ensure that the recipient does not suffer any financial losses in the event of the payor’s death.

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What happens to alimony if the payor dies?

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