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spouse must not be liable for any payments under the divorce or
separation instrument after the death of the payee spouse. In
the present case, the separation agreement provides that the
payments are to cease upon the death of petitioner, while the
agreement is silent regarding the obligation to make payments
upon the death of petitioner's former wife, Mary Walker.
Respondent argues that, since the obligation to make payments
does not cease upon the death of Mary Walker, payments made
pursuant to the separation agreement do not constitute alimony.
Contrary to respondent's contention, the separation agree-
ment's failure to address the termination of payments upon the
death of Mary Walker is not fatal to petitioner's position.
Often State law defines the rights of the spouses with regard to
postmarriage support payments. By its terms, the separation
agreement is to be construed in accordance with the laws of the
State of Maryland. Maryland law provides that a husband and wife
may make a valid and enforceable settlement of alimony. Md. Code
Ann., Fam. Law sec. 8-101(b) (1991). Under Maryland law, unless
the parties agree otherwise, alimony terminates on the death of
either party. Md. Code Ann., Fam. Law sec. 11-108(1) (1991). We
find that petitioner and Mary Walker did not agree that the
payments would extend beyond the death of Mary, and therefore,
under State law, petitioner's obligation to make payments would
cease at her death. As a result, we conclude that the payments
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