Legal Question in Family Law in Washington
Divorce Decree
In my divorce decree, I am required to pay a structured settlement, paid in equal intstallments over 10 years. If I re-marry, then die, would my current spouse be responsible for this debt, or does it die with me?
1 Answer from Attorneys
Re: Divorce Decree
Well, it would depend on whether when you re-married you treated that obligation as a separate obligation and dedicated funds that were not community to pay it, and whether you had a pre-nup on the second marriage, what resources you had to pay it, and the effect on your new spouse financially.
This is the sort of situation that causes a lot of litigation.
Generally debts can belong to your estate, but not to another person. Generally the obligation to pay maintenance ends with the death of either party. Sometimes the obligor is required to carry life insurance with the obligee listed as the beneficiary.
Hope this helps you think about it. Powell
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