- 6 - that the payments do not terminate upon the death of either of them. Although section 71(b)(1)(D), as it was enacted in 1984, originally required that a divorce or separation instrument affirmatively state that liability for payments terminates upon the death of the payee spouse in order to be considered alimony, the statute was retroactively amended in 1986 so that such payments now qualify as alimony as long as termination of the liability would occur upon the death of the payee spouse by operation of State law. Hoover v. Commissioner, 102 F.3d 842, 845-846 (6th Cir. 1996), affg. T.C. Memo. 1995-183. Petitioner’s agreement and the divorce decree are silent on whether his monthly payments of $500 to his former wife, totaling $24,000 for the fixed 4-year period, would survive her death as a matter of law. Consequently, our analysis is guided by Texas State law. Section 7.006 of the Texas Family Code provides for written agreements incident to divorce: (a) To promote amicable settlement of disputes in a suit for divorce or annulment, the spouses may enter into a written agreement concerning the division of the property and the liabilities of the spouses and maintenance of either spouse. The agreement may be revised or repudiated before rendition of the divorce or annulment unless the agreement is binding under another rule of law. Tex. Fam. Code Ann. sec. 7006(a) (Vernon 2006). Under Texas State law contractual support payments do not terminate on the death of the former payee spouse absentPage: Previous 1 2 3 4 5 6 7 8 NextLast modified: March 27, 2008