Does liability for alimony continue after the death of the payor?

In California, liability for alimony does not continue after the death of the payor. Alimony, also known as spousal support, is often awarded in a divorce decree as part of a settlement agreement between two divorcing spouses. The payment of alimony is an obligation of the payor – meaning that the payor is responsible for making the payments. The obligation to pay alimony ends when the payor dies, regardless of the length of the alimony arrangement. In California, alimony is specified in the original court order and typically only ceases on the payor’s death, the remarriage of the recipient, or the recipient’s death. If the payor dies, the obligation to pay alimony ends and the recipient can no longer collect money from the deceased payor’s estate. The executor of the estate is not obligated to continue the payments. If alimony is secured through a life insurance policy, however, the payout will remain in effect. In such cases, the policy will make payments to the recipient based on the terms specified in the alimony agreement. In addition, in some cases, the court may not terminate the alimony payments when the payor dies. This happens when the deceased payor’s estate is able to make payments on behalf of the deceased payor. In California, the death of the payor ends the obligation to pay alimony and, consequently, the right of the recipient to receive alimony. However, depending on the circumstances, the recipient might still be able to receive payments from the deceased payor’s estate.

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