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Indiana statutory law does not specifically speak as to
whether temporary maintenance shall terminate upon the death of
the payee spouse. However, in an Indiana divorce proceeding, any
cause of action terminates with the death of either spouse, see
Hilton v. Shafford, 459 N.E.2d 744, 744-745 (Ind. Ct. App. 1984);
Stoup v. Stoup, 35 N.E.2d 112 (Ind. Ct. App. 1941), as does a
provisional order issued in such a proceeding. See Johnson v.
Johnson, 653 N.E.2d 512, 516 (Ind. Ct. App. 1995); Fitzgerald v.
Travelers Ins. Co., 567 N.E.2d 159, 161-162 (Ind. Ct. App. 1991)
which holds:
Unlike a final dissolution where all of the rights
and interest of the parties have been fully adjudicated
prior to the issuance of the decree, a provisional
order is only designed to maintain the status quo of
the parties and is not intended to be an ultimate
determination of property rights. Pursuant to statute,
the provisional order terminates when the petition for
dissolution of marriage is dismissed. When a party
dies prior to a grant of dissolution, the cause of
action also dies. Divorce proceedings terminate
entirely with the death of one of the parties. We hold
that when [the payor spouse] died, the cause of action
for dissolution of marriage died, as did the
provisional order. [Citations omitted.]
Petitioner contends that Indiana law is ambiguous as to
whether payments provided for pursuant to a provisional order
survive the payee’s death. In this regard she refers us to State
Ex Rel Paxton v. Porter Superior Court, 467 N.E.2d 1205 (Ind.
1984), wherein the Indiana Supreme Court held that there are
certain exceptions to the general rule that divorce proceedings
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