In the case ofLeslie v. C.I.R. (9-14-16), the parties entered into a marriage settlement agreement whereby spousal support was agreed to, but there was not specific language that spousal support would terminate on the death of the spouse. That is, the language stated that support would terminate on remarriage or further order of the Court, but not if either spouse died. The Court found that even though the marital settlement agreement didn’t state that spousal support would terminate upon wife’s death, it is a requirement that was given by state law.
If you need assistance in drafting a marriage settlement agreement, contact attorney Paul Eads.