Note that answers given in this section cannot take the place of independent legal or financial advise. Please read our disclaimer.

"My ex husband recently died, will his estate still pay my alimony and the child support payments?"

No. However, hopefully, your judgment required your spouse to maintain a life insurance policy with you as the beneficiary as security for your alimony and child support payments. If so, the proceeds of the policy should serve to support you and the children after your former spouse has died. If, on the other hand, your spouse had no life insurance policy when he died, you should contact a probate attorney as soon as possible and see whether you can petition the court in the probate case to award money from your former husband’s estate for support, particularly of the children. Understand that getting money from the estate is not a sure thing. However, trying to get something through the probate court may be your only option.

Karen A. Covy, J.D. is a divorce attorney and family-law mediator in Chicago, Illinois. She owns and operates Midwest Mediation as well as a successful family-law firm. She can be reached at (312) 236-1670. View her Divorce Magazine profile.

Tuesday, May 15
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Out With the Tragedy: Turning Divorce into a meaningful experience
with Allison Pescosolido and Andra Brosh, founders of Divorce Detox
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