Legal Question in Family Law in Kentucky

My dad was ordered to pay a $60,000 settlement in his divorce to his ex-wife, which he did, however, he was also ordered to pay $500 a month maintenance to his ex-wife for a period of one year. He made 5 payments the last payment was made the month of June 2010, however, he died July 13, 2010. I am his executor of his estate and also his daughter. His ex-wife has filed a claim against the estate Sept. 1, 2010 for the 7 remaining payments of $500 totalling $3500. My question is would I have to pay her $3500? The reason why I am asking is because I thought the KRS 403.250 KY state statute was amended which states that maintenance terminates upon death of either party. Please, let me know.


Asked on 9/05/10, 9:09 am

1 Answer from Attorneys
Andrea Welker Welker Law Office

That's exactly what the statute says. If the decree doesn't say otherwise, maintenance terminates upon the death of either party. Take a look at the decree to be sure, and if there is a question of what the decree says, consult an attorney to review the decree.

I am sorry for your loss.

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Answered on 9/10/10, 9:38 am


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