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August 2017 Archives

Court Can Order Ex-Spouse to Maintain Life Insurance Policy to Secure Support Payments


Individuals receiving spousal support often ask themselves, "what happens to my support payments if my ex-spouse dies?" Beginning July 1, 2017, Virginia law now allows the Court to order the paying ex-spouse to maintain a life insurance policy for the benefit of the party receiving support in order to secure those spousal support payments in the event of death.

Can I Continue to Receive My Spousal/Child Support Payments If My Spouse Dies?

When a party paying child support or spousal support dies, those payments end with the payor's death. Thus, if you are receiving support, it is quite legitimate to consider what might happen if the payor dies before the term of support would otherwise naturally end. This may be especially important to consider where your children have special financial needs, or if you agreed to receive a greater amount of spousal or child support in lieu of other money or property. Alternatively, if you are paying child support and the other parent passes away, such that you become your child(ren)'s primary custodian, your living expenses could increase dramatically. Fortunately, Virginia law provides a "Plan B" to protect parties in those catastrophic circumstances.

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