- 8 - decree of divorce or of separate maintenance, the payee spouse and the payor spouse are not members of the same household at the time such payment is made, and (D) there is no liability to make any such payment for any period after the death of the payee spouse and there is no liability to make any payment (in cash or property) as a substitute for such payments after the death of the payee spouse. The parties agree that the requirements of section 71(b)(1)(A), (B), and (C) have been met. They disagree as to whether section 71(b)(1)(D) has been met. That subparagraph requires that the payor spouse have no liability to make any payment for any period after the death of the payee spouse, or to make any substitute therefor after the death of the payee spouse. Cal. Fam. Law Code sec. 4337 (West 2004) provides: Sec. 4337. Termination of support order; death; remarriage Except as otherwise agreed by the parties in writing, the obligation of a party under an order for the support of the other party terminates upon the death of either party or the remarriage of the other party. While the Parties made specific provision in the Agreement for termination or modification of spousal support in the event of John’s death, or prolonged unemployment or disability, they made no provision regarding termination of support payments in the event of Carol’s death. Consequently, the California statute will apply should she die before November 1, 2010. The supportPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011