- 11 - in writing or expressly provided in the decree, the obligation to pay future maintenance6 is terminated upon the death of either party”. Colo. Rev. Stat. sec. 14-10-122(2) (2003); see also Menor v. Menor, 391 P.2d 473, 477 (Colo. 1964). The Amended Order does not expressly provide the payments would continue after the death of Ms. Warriner, and thus without such language, those payments will terminate at her death. We conclude that section 71(b)(1)(D) is satisfied for the payments provided for in paragraph 3a of the Amended Order, and petitioner is entitled to a deduction under section 215 for such payments. Turning to paragraph 3b of the Amended Order, the “Additional spousal maintenance [which] is ordered in the amount of $1,300 per month until a total amount of $171,575.00 * * * shall not be effected [sic] by marriage or death of either party.” Under the analysis of Kean, the Amended Order specifically provides that the payments would continue after the death of Ms. Warriner, thus disqualifying the payment under section 71(b)(1)(D).7 Petitioner is not entitled to a deduction 6 For purposes of the tax laws of the State of Colorado or of any other jurisdiction, the term “maintenance” includes the term “alimony”. Colo. Rev. Stat. sec. 14-10-103(1) (2003). 7 In general, payments to a former spouse terminate upon the death of the former spouse. See Colo. Rev. Stat. sec. 14-10- 122(2) (2003). However, if agreed in writing or expressly provided in the decree, payments to a former spouse may continue after his or her death under Colorado law. See id.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011