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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 support
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Last modified: May 25, 2011