Because periodic alimony ends when the paying spouse dies, support that must continue has to be built into the decree.
Name the Estate in the Agreement
An incorporated agreement can make the payments a charge against the payer’s estate, but only in those words, as our post on the paying spouse’s death explains. A judge cannot add that term over the payer’s objection, so in a contested case the tools below matter more.
A Survivor Benefit
A court can order the payer to elect a survivor option on a retirement plan. In Ragland v. Ragland, 266 Ga. 643 (1996), both spouses were educators, and the judgment required each to elect the 50 percent survivor option and name the other as beneficiary. The husband argued alimony cannot outlive him, but the award “provides for Ms. Ragland’s support after his death in the same fashion that an annuity would,” and it was “a valid award of periodic alimony.” Hipps v. Hipps, 278 Ga. 49 (2004), upheld a military survivor’s benefit awarded as alimony. One caution: because that decree said nothing about remarriage, the wife “not only must survive Husband, but she must also remain unmarried.”
Life Insurance
A court can also require the payer to carry life insurance for you; our post on life insurance as alimony explains why that is periodic alimony and does not bind the estate. If a policy promised in an agreement lapses, the estate owes the face amount, as our settlement agreement posts explain.
A Lump Sum, Secured
Lump sum alimony survives the payer’s death. In Donaldson v. Baldwin, 224 Ga. 680 (1968), the husband agreed to pay $10,000 in 66 installments, with 25 shares of stock held by the clerk as security. He died after paying $425. The Supreme Court held this was “a lump sum alimony payment of $10,000 to the plaintiff which does not terminate upon the husband’s death,” and the stock went to her.
Contact Us
This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!