- 13 - 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 paymentsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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