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

In the state of Louisiana, liability for alimony continues after the death of the payor if certain conditions are met. If the alimony was ordered by the court and the payor has died, the payee may still be able to collect alimony from the deceased spouse’s estate. This is known as a ‘survivor’s claim’. In order for the survivor’s claim to be awarded, the court must determine that the payor had ‘a legal duty’ to pay alimony at the time of their death. The court will typically review the alimony agreement in order to determine the payor’s legal obligation to pay alimony. The court may also consider other factors such as the length of the marriage, the survivor’s need or ability to pay for their own living expenses, whether the payee has remarried, or if the payor had died with any assets that could potentially be used to cover the alimony payments. In most cases, if the court finds a legal duty to pay alimony at the time of death, the survivor’s claim can be granted and the payee may collect alimony payments from the deceased payor’s estate. However, it is important to note that if the court determines that the payor did not have a legal duty to pay alimony at the time of their death, the claim may be denied and the payee would not be able to collect alimony payments from the deceased payor’s estate.

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

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