Does liability for alimony continue after the death of the payor?
In New York, the liability for alimony does not necessarily continue after the death of the payor. This is because alimony is not a “vested right,” so the payor’s death does not necessarily make the statute regarding alimony inapplicable. Additionally, any liability on the decedent’s estate is also dependent on what was agreed upon in the alimony agreement. If the alimony agreement does not contain any provisions for what should happen in the event of the payor’s death, then it must be decided by the court. When deciding liability for alimony after the death of the payor, the court will typically consider the payee’s financial need and the status of the alimony agreement. For example, if the agreement was still being executed at the time of the payor’s death, then the court has the discretion to continue the alimony payments from the payor’s estate to the payee. On the other hand, if the payor had already fulfilled their obligations under the alimony agreement, then the court would likely find that the payee is not entitled to further payments. In conclusion, the liability for alimony does not necessarily continue after the death of the payor in New York. It ultimately depends on the specific facts of the case, including the status of the alimony agreement and the payee’s financial need.
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