My husband is still paying child support to his ex-wife after 25 years. Will it finally end when he dies?

By Quentin Fottrell

“She got half his pension when they divorced all those years ago.” He’s retired now.’

Dear Quentin,

My husband and I are happily married and his life insurance and pension accounts list me as a beneficiary. He’s also been divorced for about 25 years. He still pays her court-ordered spousal support each month because she has not remarried or died.

When the ex-wife got divorced all those years ago, she received half of his retirement savings. I am aware of that. However, he is now retired. What I need to know is this, if he dies, will she still be entitled to spousal support from his estate?

Current wife in California

Dear current wife,

I’m not familiar with your husband’s divorce decree, but as a rule, spousal support – also known as alimony – ends with the supporting spouse, unless the latter has “agreed otherwise” in writing. So the short (and happy) answer for you is no.

However, according to Feinberg, Mindel, Brandt & Klein, a Los Angeles law firm, there may be room for interpretation of “otherwise agreed” — you might have already anticipated that. This is the advice the law firm gives to a theoretical ex-spouse.

“You should contact your divorce attorney immediately and have him/her review the divorce decree to determine if the court order contains (or lacks) language that would result in the obligation continuing after your ex’s death,” she said Law firm adds.

Spousal support was traditionally introduced because one partner – typically the wife – gave up their career and/or stayed at home to raise the children. Maintaining the pre-divorce lifestyle of the lower-earning spouse remains a central part of divorce negotiations.

Your husband’s situation seems unusual. In California, a community property state, spousal support is often based on the length of the marriage. San Diego law firm Renkin & Associates says, “Spousal support can be paid up to half the length of a marriage that lasts 10 years or less.”

“Unions that have existed for more than 10 years are considered ‘long-term’ and there is no specific duration,” it said. “If the parties were separated at any point prior to the divorce, the length of any period of separation may be considered when deciding whether to pay alimony.”

Some Hopes for Your Husband: The divorce court may only change your spousal support if he can demonstrate a material change in his circumstances. “The change must be significant and substantial, such as a decrease in income,” the company says.

A person is eligible for a former spouse’s Social Security benefits if the marriage has lasted at least 10 years, the moving-in spouse has not remarried, and the person is at least 62 years old. It is not uncommon for an ex-spouse to receive half of their ex-spouse’s pension earned during the marriage.

Regardless of what happens to spousal support, I wish you and your husband a long and happy life together and in your retirement, and I hope that these alimony payments do not adversely affect you. As the old saying goes about money, you can’t take it with you, but in the case of alimony, it seems that you actually can.

Readers write to me with all sorts of dilemmas.

By submitting your questions via email, you consent to them being published anonymously on MarketWatch. By submitting your story to Dow Jones & Co., the publishers of MarketWatch, you understand and agree that we may use your story or versions of it in any media and platform, including through third parties.

The Moneyist regrets that it cannot answer questions individually.

More from Quentin Fottrell:

My husband and I are 64 years old. We have a $1.5 million retirement account. He wants to travel. I’m more careful. Who is right?

‘It was quite a shock’: Can I sue my sister over dad’s ashes? He died 7 months ago but she never told me

My mother’s will leaves everything to her three children. My brother died suddenly – and his wife says she will receive her late husband’s share

-Quentin Fottrell

This content was created by MarketWatch, which is operated by Dow Jones & Co. MarketWatch is published independently of Dow Jones Newswires and The Wall Street Journal.

(ENDS) Dow Jones Newswires

8/26/23 0933ET

Copyright (c) 2023 Dow Jones & Company, Inc.