In Texas, divorce settlements often include alimony or spousal support to help with the financial transition. However, if the spouse responsible for these payments dies, the arrangement usually stops unless an alternate plan exists.
In most cases, the divorce decree doesn’t require the deceased’s estate to pick up where the payments left off.
Without a backup measure, the surviving spouse could suddenly lose a crucial income stream. Thoughtful couples frequently include a contingency clause in their divorce agreements to avoid leaving the recipient in a difficult financial position later on.
Join us as we explore the delicate question, “What happens to spousal support if the paying spouse dies?”
When the Spousal Support Payer Dies
In Texas, when the spousal support payer dies, the legal duty to continue support generally ends—meaning your estate usually isn’t required to carry on the payments. Your ex-spouse may be left without a steady income stream that they rely on to help meet minimal needs. This makes it all the more important to have a thoughtful strategy in place–sooner rather than later.
Let’s look at a few ideas to consider if you want to help secure your ex-spouse’s financial future in the event of your passing:
- Revise Your Estate Plan: Make sure your will clearly states your desires. If you want your ex-spouse to have continued financial support, spell it out. This might mean setting aside funds or making specific bequests.
- Open a Life Insurance Policy: A straightforward step is naming your ex-spouse as a beneficiary on a life insurance policy. This will quickly provide them with a lump sum to invest as they see fit.
- Set Up a Trust: Instead of a lump sum, you might consider setting up a trust. A trust can manage and distribute funds over time and offers financial stability.
- Review Divorce Agreements: Take a careful look at your divorce decree. If this scenario doesn’t exist, and you’d like to change the terms, consider discussing modifications with your attorney.
- Consult Professionals: Financial planning and family law can get complicated. A financial advisor or family law attorney can help you explore the best options and ensure everything is set up correctly.
Please Call Christman | Daniell Attorneys for Your Legal Needs Today!
Looking for family law services in Texas? Christman | Daniell Attorneys is your premier choice. With years of experience and a deep understanding of the legal landscape in cities throughout the Dallas-Fort Worth area, our skilled team is dedicated to helping families navigate complex legal matters. Whether it’s divorce, child custody, or adoption, trust Christman | Daniell Attorneys to provide compassionate and effective representation for all your family law needs.
Please consult an attorney for advice about your individual situation. The material on this website and in this or any blog article we publish is for informational purposes only and does not constitute legal advice. The attorneys at Christman | Daniell Attorneys believe in tailoring legal advice and solutions to your own personal circumstances.
We have an unwavering commitment to helping our clients at each stage of their legal situation.
