What happens to alimony upon the death of the payor spouse?
In New Jersey it is clear that alimony terminates upon the death of the payor spouse, except that any arrears that have accrued are fully enforceable. In summary, if a payor spouse has amassed a significant debt of unpaid alimony arrears, then this debt can be classified as a claim against the estate. The executor of the estate will then be obligated to pay off the alimony arrears from the assets of the estate. However, the executor will have no legal obligation to pay any more periodic payments of alimony to the surviving ex-spouse.
