Legal Question in Family Law in Virginia
Spousal support
Several years ago I got behind in my alimony payments and payments were taken out of my Social Security Benefits. My wife died this year and the payments are still being taken out. I suppose they are going to my wife's daughter. Is this leagal? Thank you.
3 Answers from Attorneys
Re: Spousal support
A motion should be filed in your behalf with the appropriate court to vacate or terminate your order for alimony since your spouse has died (and should be retroactive to the date of her demise).
Re: Spousal support
Alimony typically ceases upon the death of the recipient--unless the terms of the settlement agreement, or court order, states otherwise.
Re: Spousal support
Apparently, Social Security does not know of your wife's death, because alimony ceases upon her death. You should immediately retain an attorney to handle this.
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