QUESTION
Do I still need to pay alimony to my ex if she inherited from her deceased fiance?
Asked on Sep 24th, 2013 on Divorce - Michigan
More details to this question:
My ex-wife was engaged, but her fiance passed away. She was included in the will before he died. Do I still need to pay her alimony? Our agreement was I would pay until she remarried, but she is the main beneficiary of his will.
7 ANSWERS
William M Stoddard
You have to follow a court order, however, if circumstances have changed, you might be able to get it changed. You cannot decide to stop paying, however. You might contact her and get an agreement that the order is satisfied too.
Answered on Oct 14th, 2013 at 2:17 AM
Bruce Provda
You have to until the court order is amended. Make a petition.
Answered on Sep 25th, 2013 at 5:34 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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You need to follow the Final Judgment until a Judge changes it.
Answered on Sep 25th, 2013 at 3:42 AM
Alimony is based on the need of the receiving spouse as well as the ability to pay of the other spouse. If your former wife has inherited substantial money or assets from someone, her need for alimony may be decreased or entirely eliminated. You would need to petition the court to terminate the alimony payments based on substantial changes in her financial circumstances. There could be problems if the inherited property is not in the form of liquid assets that could be used to pay her bills.
Answered on Sep 25th, 2013 at 3:42 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, until the order is changed.
Answered on Sep 25th, 2013 at 3:38 AM
Personal Injury Attorney serving Atlanta, GA
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Anthony Overton Van Johnson & Associates, P.C.
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If there is a court order requiring you to pay alimony until such a time as your ex remarries, then that condition has not been met in the facts you provided. Accordingly, you will need to bring a modification action in court if you desire to terminate alimony payments without your ex first having remarried.
Answered on Sep 25th, 2013 at 3:38 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Generally yes you need to pay her until she actually remarries or until further order of the Court. However, you may want to file a motion in the Court that originally granted the divorce to amend the original divorce judgment to eliminate the alimony now that she arguably does not need your support any more.
Answered on Sep 24th, 2013 at 5:17 PM