- 31 - John's monthly payments to Faye would terminate upon her remarriage or death. Payments received pursuant to a property settlement generally are not subject to contingencies and do not terminate upon the death of the payee. Instead, the obligation to pay is generally "absolute." See McCombs v. Commissioner, 397 F.2d 4, 8 (10th Cir. 1968), affg. T.C. Memo. 1967-124. Similarly, Florida law provides that a property settlement agreement represents a final division of property, which is not subject to modification absent proof of fraud, duress, deceit, coercion, or overreaching by the other party. See, e.g., Baker v. Baker, 394 So. 2d 465, 466 (Fla. Dist. Ct. App. 1981); Zedeck v. Zedeck, 334 So. 2d 87, 88 (Fla. Dist. Ct. App. 1976). Second, nothing in the Stipulation and the Final Judgment stated that John's obligation to make the requisite payments was secured by any of his assets. The absence of this factor is a further indication that the payments were intended for Faye's support. Benedict v. Commissioner, supra at 578; Beard v. Commissioner, supra at 1285. Third, there is no credible evidence that the amount of the payments plus the other property awarded to Faye pursuant to the Stipulation and Final Judgment equals approximately one-half of the property accumulated by the parties during marriage. In addition, given the manner in which the payments in issue werePage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011