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 is the author of When Happily Ever After Ends, How to Survive Your Divorce Emotionally, Financially and Legally.