{"id":34632,"date":"2023-07-12T10:48:07","date_gmt":"2023-07-12T14:48:07","guid":{"rendered":"https:\/\/ifintechworld.com\/news\/my-husband-is-still-paying-his-ex-wife-alimony-after-25-years-will-it-finally-end-when-he-dies\/"},"modified":"2023-07-12T10:48:09","modified_gmt":"2023-07-12T14:48:09","slug":"my-husband-is-still-paying-his-ex-wife-alimony-after-25-years-will-it-finally-end-when-he-dies","status":"publish","type":"post","link":"https:\/\/ifintechworld.com\/?p=34632","title":{"rendered":"My husband is still paying his ex-wife alimony after 25 years. Will it finally end when he dies?"},"content":{"rendered":"
\n

Dear Quentin,<\/strong><\/h2>\n

My husband and I are happily married, and I am listed as his beneficiary on his life insurance and retirement accounts. He has also been divorced for about 25 years. He\u2019s still paying her court-ordered spousal support every month because she hasn\u2019t remarried or died.\u00a0<\/p>\n

\n

The ex-wife was given half of his retirement funds when they divorced all those years ago. That much, I am aware of. However, he\u2019s now retired. What I need to know is this: if he passes away, will she still be entitled to receiving spousal support from his estate?<\/p>\n

Current Wife in California<\/p>\n

Dear Current Wife,<\/strong><\/h2>\n

I\u2019m not privy to your husband\u2019s divorce decree, but typically the spousal support \u2014 otherwise known as alimony \u2014 dies with the supporting spouse unless they have \u201cotherwise agreed\u201d another arrangement in writing. So the short (and happy) answer for you is \u201cno.\u201d<\/p>\n

But \u2014 you may have seen that coming \u2014 there may<\/em> be room for maneuver regarding how \u201cotherwise agreed\u201d is interpreted, according to Feinberg, Mindel, Brandt & Klein, a law firm based in Los Angeles. This is the advice the law firm gives to a theoretical ex-spouse.<\/p>\n

\u201cYou should immediately contact your divorce lawyer and have him\/her review the divorce decree to see whether there is language (or the absence of language) in the court\u2019s order that would cause the obligation to continue after your ex\u2019s death,\u201d the law firm adds.<\/p>\n

<\/p>\n
\n

\n \u201c<\/span>\u2018As the old saying goes about money: You can\u2019t take it with you, but in the case of alimony, it appears that you actually can.\u2019\u201d<\/span>\n <\/p>\n<\/p><\/div>\n<\/p><\/div>\n

Spousal support was traditionally introduced because one partner \u2014 typically, the wife \u2014 gave up her career and\/or stayed home to raise the children. It has remained a key part of divorce negotiations in order to maintain the lower-earning spouse\u2019s pre-divorce lifestyle.<\/p>\n

Your husband\u2019s situation seems unusual. In California, spousal support is often based on the length of the marriage. The Law Offices of Renkin & Associates in San Diego says \u201cspousal support may be paid for up to half the length of a marriage that lasts 10 years or less.\u201d<\/p>\n

\u201cUnions that lasted longer than 10 years are considered \u2018long term,\u2019 and no specific duration will apply,\u201d it adds. \u201cIf the parties were separated at any point prior to divorce, the length of each separation period may be taken into account when deciding on a support award.\u201d<\/p>\n

Some hope for your husband: The divorce court may only modify your spousal support if he could demonstrate a material change in his circumstances. \u201cThe change must be substantial and material, such as a decrease in income,\u201d the firm says.<\/p>\n

Regardless of what happens with the spousal support, I wish you and your husband a long and happy life and retirement together, and I hope these alimony payments don\u2019t impact it adversely. As the old saying goes about money: You can\u2019t take it with you, but in the case of alimony, it appears that you actually can.<\/p>\n

<\/p>\n
<\/p>\n<\/figure><\/div>\n

Readers write to me with all sorts of dilemmas.\u00a0<\/em><\/strong><\/p>\n

By emailing your questions, you agree to have them published anonymously on MarketWatch. By submitting your story to Dow Jones & Co., the publisher of MarketWatch, you understand and agree that we may use your story, or versions of it, in all media and platforms, including via third parties<\/em><\/strong>.<\/p>\n

The Moneyist regrets he cannot reply to questions individually.<\/em><\/strong><\/p>\n

More from Quentin Fottrell:<\/strong><\/p>\n

My husband and I are 64. We have $1.5 million in retirement accounts. He wants to travel. I\u2019m more cautious. Who\u2019s right?<\/p>\n

\u2018It was quite a shock\u2019: Can I sue my sister for my father\u2019s ashes? He died 7 months ago, but she never told me.<\/p>\n

My mother\u2019s will leaves everything to her 3 children. My brother died suddenly \u2014 and his wife says she will receive her late husband\u2019s share<\/p>\n<\/p><\/div>\n<\/div>\n

Read the full article here<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Dear Quentin, My husband and I are happily married, and I am listed as his beneficiary on his life insurance and retirement accounts. He has also been divorced for about 25 years. He\u2019s still paying her court-ordered spousal support every month because she hasn\u2019t remarried or died.\u00a0 The ex-wife was given half of his retirement […]<\/p>\n","protected":false},"author":1,"featured_media":34633,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"gallery","meta":{"footnotes":""},"categories":[236],"tags":[83],"class_list":["post-34632","post","type-post","status-publish","format-gallery","has-post-thumbnail","hentry","category-news","tag-featured","post_format-post-format-gallery"],"yoast_head":"\nMy husband is still paying his ex-wife alimony after 25 years. 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