6+ Enforcing Divorce Decree After Death: Estate's Rights

enforcing divorce decree after death

6+ Enforcing Divorce Decree After Death: Estate's Rights

The authorized obligations established throughout a divorce don’t routinely vanish upon the demise of 1 celebration. Provisions inside a marital settlement settlement, usually integrated into the ultimate divorce order, might proceed to bind the property of the deceased. For instance, a requirement for the deceased to take care of life insurance coverage naming the previous partner as beneficiary, or a stipulation for the fee of alimony or youngster assist, can create an ongoing accountability enforceable towards the property.

Upholding these autopsy obligations ensures the success of commitments made in the course of the divorce proceedings. It safeguards the monetary safety of the surviving former partner and any dependent kids, stopping undue hardship. Traditionally, the main focus was usually on severing all ties between divorcing events; nevertheless, trendy jurisprudence acknowledges the necessity to honor contractual obligations, even after demise, to offer for continued monetary stability the place it was agreed upon in the course of the divorce.

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