- 9 - Rollert Residuary Trust v. Commissioner, 80 T.C. 619, 630 (1983), affd. 752 F.2d 1128 (6th Cir. 1985); Gaddy v. Commissioner, 38 T.C. 943, 951 (1962), affd. in part and remanded in part 344 F.2d 460 (5th Cir. 1965). We therefore turn to the merits of this issue. The final agreement provided in relevant part: The Husband [Mr. Reed] shall pay to the Wife [petitioner] as and for lump sum alimony the amount of $10,000 payable within fifteen (15) days from the date of the Final Judgment of Dissolution. Beginning January 1, 1996, the Husband shall pay to the Wife as rehabilitative alimony the sum of $516.67 per month for sixty (60) months which shall be due and payable the first of each month, until the death of either party or the remarriage of the Wife or the completion of the sixty (60) payment obligation, whichever shall first occur. The terms of this agreement do not state that the liability to make the $10,000 payment would have ceased after the death of petitioner, despite the fact that the very next sentence specifically terminates Mr. Reed’s liability to make the rehabilitative alimony payments (of $516.67 for 60 months) after petitioner’s death. Furthermore, assuming that Florida law would affect the alimony obligation under the final agreement (the status of the agreement is not clear from the record), the obligation to make a lump-sum alimony payment--unlike the obligation to pay permanent periodic alimony--does not terminate upon the death of the payee spouse by operation of Florida law. See Canakaris v. Canakaris, supra at 1201; Philipose v. Philipose, 431 So.2d 698, 700 (Fla. Dist. Ct. App. 1983). In Canakaris, the Supreme Court of Florida stated that there arisesPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011