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portion would satisfy the section 71(b)(1)(D) requirement that
the payment obligations terminate on the death of the payee
spouse.
Div. Pa. Code sec. 104 (1989) defines alimony as "An order
for support granted by this or any other state to a spouse or
former spouse in conjunction with a decree granting a divorce or
annulment." In the instant case, the agreement and subsequent
divorce decree provide that the agreement is incorporated, not
merged into the decree. Therefore, the agreement retains its
identity as a contract and does not become a court order. D'Huy
v. D'Huy, 568 A.2d 1289, 1292 (Pa. Super. Ct. 1990); Sonder v.
Sonder, 549 A.2d 155, 165 (Pa. Super. Ct. 1988). Additionally,
there was no alimony order by the Pennsylvania court that granted
the divorce. Because neither the agreement nor the addendum is
an "order for support", the payments made pursuant to them are
not alimony under Pennsylvania divorce law. Thus, Pennsylvania
divorce law does not provide that these payments will terminate
on the death of the payee spouse; instead, Pennsylvania law
requires that these payments are enforceable as a contract.
D'Huy v. D'Huy, supra at 1293 ("The property settlement agreement
remains an enforceable contract, not subject to unilateral
modification as a court order."). Additionally, Div. Pa. Code
sec. 401.1(C) (1989) specifically states:
In the absence of a specific provision to the
contrary appearing in the agreement, a provision
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