- 12 - and permitted reference beyond divorce instruments to State law to determine whether State law specifically provided that the payments in question would terminate on the payee’s death. In analyzing this change, the Court of Appeals for the Sixth Circuit explained: Although the 1986 amendment injected state law into the � 71(b)(1) inquiry, the purpose behind the 1984 revision still stands. A court determining whether payments qualify as alimony as defined in � 71 will turn to state law only to determine whether state law, by requiring that the payments terminate upon the payee’s death, ensures that the payments satisfy � 71(b)(1)(D). Congress clearly did not intend courts to engage in the very sort of subjective inquiry that had prompted the 1984 revision. * * * [Id. at 846.] In analyzing questions regarding termination of payments on the death of the payee, the statutory mandate of section 71 would have us first look at the language in the divorce instrument to determine whether liability survives the death of the payee and, if the instrument is not clear, then determine whether such liability terminates at death by operation of State law. Id. at 845-846. In this case, we hold that although the marital settlement attached to the divorce decree is not as clearly worded as it might be, the liability in question would have terminated at death pursuant to the divorce documents. Furthermore, we hold that the liability would have terminated at death pursuant to Nebraska law if the marital settlement is deemed to have failed to address the issue of termination.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011