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-   -   When death doesn't end your spousal support obligations to your ex (https://www.ottawadivorce.com/forum/showthread.php?t=21655)

dad2bandm 02-09-2018 09:46 AM

When death doesn't end your spousal support obligations to your ex
 
http://business.financialpost.com/pe...ons-to-your-ex

Quote:

Many separation agreements contain clauses saying that spousal support is “fixed and non-variable” or “non-reviewable.” Unless the agreement contains a clause that spousal support ends on the death of the recipient, Justice Mah’s decision is clear that a non-reviewable agreement means exactly what it says.

Berner_Faith 02-09-2018 05:04 PM

Quote:

Originally Posted by dad2bandm (Post 226792)



This shouldn’t be a surprise that’s what life insurance is for... same goes with CS... bills don’t automatically disappear when one passes away...mortgages, car payments, etc are all still owed unless insured


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ifonlyihadknown 02-12-2018 08:24 AM

In this case, the wife (recipient) died before the term of SS was up. The judge ruled that due to the wording of the separation agreement the ex-husband had to continue to pay his ex-wife's corpse.

Ugh.

The ex reaching back from the grave to continue to sponge off their ex. This gives new meaning to the term "zombie horror movie."

dad2bandm 02-12-2018 04:21 PM

Quote:

Originally Posted by Berner_Faith (Post 226799)
This shouldn’t be a surprise that’s what life insurance is for... same goes with CS... bills don’t automatically disappear when one passes away...mortgages, car payments, etc are all still owed unless insured


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This continued spousal support to the estate was specific to the wording used, in the agreement.

I'm not sure I understand your "same goes with CS" comment. I don't think the expectation would be for someone to continue to pay child support for months or years, if the child in question passed . Or do you mean if the payee who was receiving child support passed? That is not the same thing in my opinion, as obviously, there is still a child to support in that equation.

rockscan 02-12-2018 04:31 PM

I think BF was referring to situations where kids are young and cs has to be paid in an ongoing manner. Im sure if that person in the case wanted to, they could file to have it stopped. The money would be going to someone. My father still had his OAS cheques garnished but my mother died so he will probably have that stopped. There was nothing in their agreement about termination or estates. He would have had to fight for the garnishment to stop.


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