With respect to spousal support (sometimes called alimony), the death of either the supporting party or the supported party terminates an existing spousal support order unless the parties have “otherwise agreed” in writing.
If the ex-spouse passed away without leaving a valid will, the distribution of their assets is governed by the state's intestacy laws. In most states, a divorced spouse is not considered an heir under intestacy laws and is not entitled to any of their ex's property.
Specific behaviors and actions can disqualify a person from receiving alimony in California. Notably, a documented history of domestic violence between the parties, or perpetrated by either party against a child, can impact the court's decision on an alimony award pending a case.
If your ex-spouse passes away following the making of a final financial order and Final Order of divorce has been pronounced, then you, as the surviving spouse, can rely on the financial order to make a claim against your spouse's estate for payment of what that order says you are to receive.
Yes, you can receive Social Security or survivor benefits based on your ex-husband's work record, even if you are working.
You are eligible to receive one-half (50%) of your ex-spouse's retirement benefit. If your ex-spouse should die before you, you can receive their full retirement benefit. The benefit does not include any delayed retirement credits your ex-spouse may receive.
The person asking for alimony must show the court that he or she needs financial support, and that the other spouse has the ability to provide financial support.
If both spouses are self-supporting at or above the marital standard of living, the recipient has committed domestic violence against the paying spouse, or the recipient accept a buyout, you may be able to avoid paying spousal support in California.
Bank statements or copies of checks deposited for the most recent 12 months or applicable period showing receipt of payments. Both must indicate the originating entity.
Generally, ex-spouses will sit with friends of the deceased, rather than the family. The exceptions to this would be if you need to sit with your young children, or if you are specifically invited by the family to do so. Keep your condolences brief. Try to express your support without making it about you.
you're eligible for some of your ex's Social Security
wives and widows. That means most divorced women collect their own Social Security while the ex is alive, but can apply for higher widow's rates when he dies.
No, under California law, if you are divorced, you are not considered a widow or widower when your former spouse passes away.
A divorced woman who was married for at least 10 years to a man who worked in covered employment is potentially eligible for a surviving divorced spouse benefit upon his death. The rules governing surviving divorced spouse benefits are essentially the same as those that govern widow benefits.
Your spouse can be ordered to pay you alimony if the judge finds that you were financially dependent on your spouse during the marriage (“the dependent party”).
Spousal support generally ends upon the death of either spouse, or upon the remarriage of the recipient. Spousal support will continue until it is modified, unless the decree states that it is non-modifiable. During the separation period, any payments to the other spouse are generally not considered spousal-support.
Prove your spouse is cohabiting with someone else: If you can prove that your spouse is living with someone else, you may be able to get out of paying spousal support altogether. Likewise, if you can show that your spouse can earn a reasonable living, you may be able to have your alimony payments reduced or eliminated.
Alimony is enforced in all U.S. states, with no exceptions. Specifics of alimony laws, including eligibility and duration, differ across states.
Just how long you have to pay is based on how the court sets up the alimony. It can be negotiated between you and your ex-spouse or the court can determine the length of time. But usually alimony is paid until the receiving spouse gets remarried or if one of the spouses pass away.
California determines alimony based on the recipient's “marital standard of living,” which aims to allow the spouse to continue living in a similar manner as during the marriage.
A: No, spousal support is not mandatory in California and is fairly uncommon in divorce cases. If couples have been married for a long duration or one spouse makes substantially more than the other, the court may award support to the lower-earning spouse.
Inheriting From the Will After Divorce
If a legal absolute divorce occurred before your spouse died, you are not entitled to inherit assets through your spouse's last will and testament. However, you may inherit if your spouse specifically named you in the will after the divorce proceedings.
It's important to know that you can ask for a share of your spouse's retirement benefit in your divorce. Even if your divorce decree awards you a share of the retirement benefit, though, you might still not be able to receive it unless you take certain additional steps after your divorce.