If I am Awarded Alimony or Child Support, What Happens if my Ex-spouse Dies?

If I am Awarded Alimony or Child Support, What Happens if my Ex-spouse Dies?

Jamie N. Berger is a Co-Founder of Jacobs Berger, LLC. Jamie practices exclusively in the area of family law. Jamie was admitted to the New Jersey bar in 2006 and is a member of the New Jersey State Bar Family Law Section.

In the following video, our experienced attorney talks about the options for alimony and child support in the event of the passing of your ex-spouse.

In the unfortunate circumstance where your spouse or ex-spouse dies either in the process of divorce or afterwards, alimony, if it has been awarded, would cease to exist because alimony is dependent on the life of your spouse. But there are protections that can be put in place in an MSA or Marital Settlement Agreement that can protect that alimony obligation; specifically, we use life insurance policies. So we would put a life insurance policy in place if you are the recipient of alimony so that in the event that your spouse was to pass away, you would have that life insurance policy available to secure your alimony obligation. You would not get the direct payment anymore, but your alimony obligation would be secure.

What Happens with Child Support?

With respect to child support, there is a similar mechanism in place. We oftentimes put into a Marital Settlement Agreement, a life insurance component, so that in the event of either parent’s death, when there is child support or college costs that have to be taken into consideration, we have life insurance in place so that the children´s needs are met because at the end of the day we want to make sure that the children´s obligations and the children´s needs are taken care of in the unfortunate circumstances where one or both parents may pass away once a divorce has been finalized.

Contact Our Morristown Alimony and Child Support Attorneys Today

At Jacobs Berger, our attorneys help our clients across Madison, Randolph, Tewksbury, Morristown, and the greater Morris County area in all Family Law cases.

To schedule a confidential consultation with an experienced team member today regarding your case, please contact us online or through our Morristown, NJ office at (973) 710-4366.

About the Author:

Jamie Berger practices exclusively in the area of family law. She has extensive experience in all aspects of litigation in family and appellate court proceedings. Prior to being a partner at Jacobs Berger, Jamie practiced at a boutique Morris County Matrimonial Law Firm for several years. Before that, Jamie served as a Law Clerk for The Honorable Eugene A. Iadanza, J.S.C. in the Monmouth County Superior Court, Family Part.

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