As with remarriage, however, arrearages due to the recipient spouse may still be recovered from or paid to the estate of the deceased spouse. Due to the immediate termination of alimony upon death, it is easy to see how the alimony payor's death can result in economic hardship for the payee spouse.
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 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.
If Your Ex-Spouse Dies Without a Will
Generally, the law divides property between a legal spouse, parents, and blood-related or adopted children. While you could inherit from a will if you were legally married but estranged, such is not the case for an ex who dies without a will.
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.
California is a state that has a bright line rule that determines who takes custody of a child, as stated in California Family Code section 3010(b): If one parent is dead . . . the other parent is entitled to custody of the child.
Spouses and ex-spouses
You may be eligible if you: Are age 60 or older, or age 50–59 if you have a disability, and. Were married for at least 9 months before your spouse's death, and. Didn't remarry before age 60 (age 50 if you have a disability).
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.
Next of kin refers to a person's closest living relative(s). Individuals who count as next of kin include those with a blood relation, such as children, or those with legal standing, such as spouses or adopted children.
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.
Contempt: If your spouse has refused or failed to pay your alimony, a judge may find your spouse in contempt of the court. This approach usually means the judge will give an order for the spouse to pay the money owed to you and potentially add another fine for their refusal to pay.
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.
An alimony award is a court order. That means that someone who willfully disobeys that order could be held in contempt of court. So if your ex is refusing to pay spousal support, you have the option of filing a motion (written legal request) asking a judge to find your ex in contempt.
On the other hand, the surviving spouse won't usually be liable for debt the decedent incurred prior to marriage or that was solely in their name. These debts generally will be paid from the decedent's estate during probate.
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.
In many cases in California, particularly cases where the marriage has been over ten years, a judgment will state that spousal support ends upon “further court order, the payor's death, the recipient's death, or the recipient's remarriage, whichever first occurs”.
Social Security rules allow a qualifying former spouse to claim benefits based on the work history of a higher-earning ex. These benefits are worth up to 50% of that former spouse's Social Security benefit at full retirement age. However, if that former spouse dies, the benefit's value is worth up to 100%.
The Bottom Line. If you were married to them for at least 10 years, you may be able to collect Social Security benefits based on your ex's work record. If you meet the requirements, you can receive benefits equal to as much as 50% of your ex's retirement benefit.
Following the death of a worker beneficiary or other insured worker,1 Social Security makes a lump-sum death benefit payment of $255 to the eligible surviving spouse or, if there is no spouse, to eligible surviving dependent children.
Only in extreme conditions a spouse may pursue inherited money after divorce. This is usually where the inheritance would make a substantial difference to the financial settlement. This is usually where there are no real assets from the marriage from which a settlement can be reached.
If one spouse dies during the time period between filing for divorce and the final dissolution judgment, the divorce process stops. Though California courts can grant a default divorce when one spouse refuses to respond to a served divorce petition, it does not grant a divorce by default when one of the spouses dies.
As with an estranged spouse, if no estate plan is in place, a child will be able to inherit from their parent under the state intestacy statute, even if they have had no contact with their parent for many years.