Legal Question in Family Law in Michigan

Death of a spouse when just legally seperated

Legally seperated but not yet divorced and paying alimony. Spouse becomes sick and dies. Who has the legal rights to spouse estate and how do you stop paying alimony?


Asked on 1/07/00, 2:43 pm

1 Answer from Attorneys

Henry J. Legere, Jr. Law Office of Henry J. Legere, Jr.

Re: Death of a spouse when just legally seperated

You need to contact a probate attorney right away. As a still married spouse at the time of death you should be entitled to your share in the will or you may elect to receive your share from intestate succession. The requirement that you pay spousal support ceases upon the death of the spouse. Child support does not cease upon the death of the custodial parent. However, as the natural father of your children you should now have custody of your children and there should be no requirement for you to pay child support. provide the FOC with proof of your spouse's death if payments are being made to the FOC.

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Answered on 1/08/00, 10:11 am


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