Does liability for alimony continue after the death of the payor?
In Kansas, alimony liability does not continue after the payor’s death. Alimony payments are intended to financially support the recipient spouse and are dependent on the payor’s ability to make the payments. If the payor dies, he or she will no longer be able to render payments to the recipient. The surviving family members may sometimes be responsible for any arrears that remain, but alimony is not usually inherited. The courts may be able to make exceptions to this standard. There are situations where the court may require that life insurance proceeds be used to continue alimony payments. This exception applies if the payor had already taken out an insurance policy to provide for alimony payments in the event of his or her death. The policy may also be triggered if the payor had passed away due to an accident versus an illness. This could potentially include a wrongful death suit. Another rare exception would be if there is a prenuptial agreement that states that the alimony liability will continue even after the death of the payor. The court has the right to enforce this agreement as long as the terms are still applicable and reasonable. In general, alimony payments will cease after the death of the payor. The courts may make exceptions to this rule, but only in very rare cases.
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