Under current Pennsylvania Law, when a person paying alimony dies the decedent’s estate will not be required to continue to pay post-divorce alimony to an ex-spouse unless the divorce post nuptual and property settlement agreement it was provided for in an agreement between the parties. So, you may ask, why not just draft every agreement to hold the payor’s estate responsible for the ongoing payments? Simply put, it is much more difficult (and costly) to receive money from an estate than other payment methods. One example of a preferred method is an insurance policy held by the payor in the amount of the alimony award naming the ex-spouse as beneficiary until the alimony is paid in full. Should the payor die before all payments are made, the insurance proceeds would go to ex-spouse directly, without the expense of enforcing the agreement and putting in a claim with the estate.
If you have questions about alimony or property division in divorce, it is crucial that you have an experienced divorce attorney. Call our experienced family law attorney, Victoria A. Strunk. She would be happy to discuss your situation. Please contact Amori & Associates at (570) 421-1406 for a no obligation consultation.