What happens when a paying spouse passes away?

When a paying spouse passes away, the answer as to what happens to spousal support payments varies depending on the agreement in place and is determined by the Wisconsin courts. Generally, when the death of the paying spouse occurs during the period of the court-ordered support obligation, the remaining payments will be due to the receiving spouse from the paying spouse’s estate. The estate may use life insurance or other assets to satisfy any pending support payments. If the court-ordered spousal support agreement required the paying spouse to purchase a life insurance policy to cover the cost of any remaining payments that are due after their death, the receiving spouse can submit a claim to the insurance company. The life insurance policy must be stated in the court-ordered agreement and the coverage must include the obligor’s death as a basis for the payments to be due. If spouses have an out-of-court agreement for support payments, the receiving spouse may not be able to receive the balance of the payments after the paying spouse’s death. The out-of-court agreement may not have any provisions for the payment of support after the death of the paying spouse and the court may not be able to enforce a post-death obligation. Ultimately, in Wisconsin, the court will make a determination as to the payment of spousal support after the death of a paying spouse based on the specific language in the court order or agreement.

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What happens when a paying spouse passes away?

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